Hospital Negligence & Medical Malpractice Library
Filing a Hospital or Physician Negligence Claim in Texas Can Be a Tricky Business
In the state of Texas, it can be very difficult to initiate, much less to win, a lawsuit alleging hospital or physician negligence. Because of tort reform, institutions run by the state are virtually immune to malpractice claims, and in other cases your non-economic damages (e.g., pain and suffering) may be limited to $250,000. 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 a medical malpractice in Texas, you must establish the following things:
- 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. Also, given the state’s tort reform, 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. Charles Dunn has an extensive list of highly qualified physician witnesses who will testify in meritorious cases on behalf of injured plaintiffs.
- 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, Charles Dunn 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 Charles today at 806-763-1944 for a free consultation!