Medical malpractice can entail anything from being misdiagnosed for a disease to being given the wrong prescription by the doctor. Medical malpractice can lead to dangerous and sometimes, life-threatening consequences for the patient and that is why individuals should take legal action against a practitioner who is guilty of putting them through this unnecessary pain.
Medical professionals must go through years of studying and training simply, so they do not end up harming a person and so they can give individuals the quality healthcare they deserve. However, sometimes when a doctor is very tired or when they decide to act negligently, they can end up doing much more harm than good.
It is always a good idea for a person to get in touch with a medical malpractice lawyer as soon as they discover the healthcare professional did not treat them appropriately. Such cases can get quite complicated because of the many witnesses and expert medical testimonies involved to prove that the negligence occurred.
Medical malpractice can be defined as a medical professional harming their patient somehow while they were supposed to be treating them. This umbrella is broad, but the rule of thumb is that the more damage a person suffered and the more improper the malpractice was, the more compensation a person can demand. It is very important to note that a person can only claim compensation if they can prove that the doctor acted negligently.
To prove the medical practitioner acted negligently a person needs to be able to provide evidence that the doctor breached their duty of care and that the side effects they experienced were not due to their actions. A person can not file the claim whenever they want though, and according to the Texas statute of limitations regarding medical malpractice cases, a person only has two years after the malpractice occurred to file their claim.
A patient who suffered from medical malpractice can claim economic damages, non-economic damages, and sometimes even punitive damages for their suffering. Economic damages cover their actual financial losses such as medical bills and loss of earning income. Non-economic damages cover emotional suffering and pain experienced, and punitive damages can be claimed to penalize the individual who conducted the malpractice if they did so in malice or if they were absurdly negligent. Punitive damages can not be claimed in all cases.
Also, in Texas, a person can not claim over $250,000 of non-economic damages against medical practitioners. If a person wants to claim non-economic against both a hospital and a doctor, then they can claim a maximum of $250,000 from each and not more then that. A person who has been hurt by a doctor while they were supposed to be treated by them should get in touch with an attorney as soon as possible to begin the legal process towards getting compensated.