The Law Offices of Charles Dunn
Lubbock County Medical Malpractice Attorney
Call Today 806-370-6270

Hospital Negligence And Medical Malpractice Facts

Filing A Hospital Or Physician Negligence Claim In Texas Can Be A Tricky Business

In Texas, it can be very difficult to initiate, much less to win, a lawsuit alleging hospital or physician negligence. Because of reforms of the state's laws, institutions run by the state and county are virtually immune to malpractice claims, and in other cases your noneconomic damages (e.g., pain and suffering) may be limited to $250,000. In addition, all emergency room physicians in Texas are virtually immune from suit regardless of the extent of the malpractice.

That's why, if you have been the victim of hospital or physician negligence, you need to hire an experienced lawyer who can tell you whether you have a case, and how much that case may potentially be worth.

What Are The Steps To Filing A Physician Or Hospital Malpractice Lawsuit?

In order to successfully sue for medical malpractice in Texas, you must establish the following claims:

  • That the institution is not exempt from medical malpractice claims. For example, because it is owned by Lubbock County, University Medical Center in Lubbock is only liable for minimal damages in even a major medical malpractice case. Because the amount of damages you can recover against a county hospital is severely limited, it is not economically feasible for us to handle your claim when a county or state hospital is involved in your care. Also, given the state's malpractice regulations, you need a lawyer who grasps the "economics" of Hospital and Physician Negligence lawsuits.
  • That you were, in fact, treated incorrectly, negligently, or recklessly by the hospital's doctors, nurses and staff. An experienced lawyer should be able to gauge if there's too much of a "gray area" for you to have a winnable case, or if your lawsuit is a relative slam dunk or somewhere in between. The use of expert medical witnesses is essential to help establish whether you were treated properly. I have an extensive list of highly qualified physician witnesses who will testify in meritorious cases on your behalf.
  • That you suffered serious injuries that affected your ability to work or live your daily life. A surgical scar that takes an extra few weeks to heal will not merit a negligence claim, nor will any pain or discomfort you experience during recovery. Your injuries have to be serious, persistent and immediately evident.

A Good Lawyer Sets A High Bar For Hospital And Physician Malpractice Claims

As you can infer from the above list, not all Texas residents who believe that they or a loved one has been the victim of hospital and physician negligence will be successful in their claims.

With over three decades of experience in Texas malpractice law, I can tell you whether you have a viable malpractice claim that is both worth pursuing and winnable, in the sense that you may be entitled to substantial compensatory damages. To start the process, call me today at 806-763-1944 or complete my brief online survey for a free consultation.

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