In the state of Texas imposes a two-year statute of limitation for all medical malpractice cases. Prior to this end of this statute, the victim must file a claim for the medical error or injury. The claim must present an account of exactly how the doctor failed to perform their duty to the claimant.
How to Identify a Medical Malpractice
The doctor must provide health care that is below the quality if a physician with the same skill set, experience, and educational background. The claimant must show that another doctor wouldn’t produce the same injuries. Victims who believe they have a valid claim should contact Lawyers in Jacksonville TX today.
Misdiagnosis of Illness
Medical malpractice also applies to a misdiagnosis. If a doctor fails to use updated equipment that could diagnose a disease more accurately, they could face a malpractice claim. The victim must possess a life-threatening illness that was treatable at an earlier stage. The same applies to circumstances in which doctors provide the wrong medication to these patients.
Viable Witness Testimony
In medical malpractice cases, a medical peer of the defendant is required to testify about the medical injury or error. This witness determines whether the injury was possible if an alternate choice was made. This witness is also questioned about the protocol used for the identified procedure. This helps to show the court that the defendant’s actions were incorrect and did cause the patient’s injuries.
Are These Damage Caps?
Yes, the state of Texas does impose caps on non-economic damages. These damages are assigned for pain and suffering as well as other tort rulings. There aren’t any caps on punitive or economic damages. However, economic damages equate typically to the cost of medical treatment for the identified condition.
Medical malpractice is defined as a reduction in the standard of care provided by a physician. It could consist of a variety of occurrences in which a patient became injuries or was misdiagnosed by their doctor. The most common of these cases is injuries during surgery. Patients who believe they have a medical malpractice case should hire Lawyers in Jacksonville TX by contacting Martin Walker today.