Medical Malpractice Lawyers in El Paso, Texas
There is a certain standard of care associated with a doctor’s efforts to help those who enlist their services.
Unfortunately, this standard of care is not always adhered to. Known as medical malpractice, this negligence is one of the leading causes of death in the United States.
Fighting the negligent actions of a doctor in El Paso can be a difficult and lengthy legal process, especially when other third parties and insurance companies are involved. You must be able to prove extent of damages, and that they were indeed caused by a physician.
This is where an attorney can help.
When evaluating your case, our experienced medical malpractice lawyers in El Paso, Texas will be able to help you determine who is responsible and to what extent their negligence caused your damages.
Medical Malpractice = Presence of Negligence
Before consulting an El Paso hospital negligence attorney, there are a few things you should know. First, and most important, what is considered medical malpractice in Texas? Any breach of the reasonable ‘duty of care’ by a physician can be considered malpractice. If they do not act with their patient’s best interest at heart, or without examining all other alternatives, it can be considered negligence.
Even in our modern age, the medical field is not always an exact science. If, for example, your doctor executed treatment to the best of his/her ability and the result was not the desired outcome, that alone is not enough to constitute a medical malpractice claim. In El Paso, a few of the most common examples of malpractice include:
- Failure to treat / diagnose
- Improper administration of prescription
- Complications during birth / surgery
- Product liability (medical products, faulty devices, etc.)
Proving Medical Malpractice in Texas
In Texas, there is a two year statute of limitations on medical malpractice claims.
This means that for your settlement to have a chance in court, you must file your claim within two years of the incident.
As you attempt to file your claim in a timely manner, your best chance for successful litigation rests in the assistance of an experienced medical malpractice lawyer.
In El Paso, Texas attorneys can guide you through the legal process and help you prove a few basic elements of your settlement to a judge:
- Presence of an established patient / doctor relationship
- Your physician /doctor acted negligently
- This negligence lead directly to your injuries / damages / the wrongful death of a loved one
What Damages Am I Eligible to Obtain?
You should always save all hospital bills, receipts, and other documentation of your damages and necessary treatment. These costs can be recovered as economic damages with the help of a lawyer, and typically include expense categories like:
- Medical expenses
- Medication costs
- Loss of earnings / Future earnings
- Job loss
There is a cap on what you can claim as damages in a malpractice lawsuit in Texas, but the state cap only applies to non-economic damages. Non-economic typically include punitive damages and those more difficult to quantify, such as:
- Pain and suffering
- Emotional harm
Carabin Shaw’s El Paso Medical Malpractice Lawyers Can Help
If you live in El Paso and you have been involved in any form of malpractice issue, the attorneys from Carabin Shaw might be able to help. Fortunately, we have lawyers with great experience in these matters ready to take on your case.
Our lawyers also offer all first time clients an initial consultation, free of charge.
For more information about on your possible negligence case settlement, contact the team of top Texas medical malpractice lawyers at Carabin Shaw.
Call our expert attorneys today at our toll free number, 1.800.862.1260, or you can reach us at our law firm offices at 915.779.2301.