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MEDICAL MALPRACTICE DEFINED



So what does “medical malpractice” mean? How does a patient know if they might be able to pursue a medical malpractice claim? Who, exactly, can they bring this claim against?


Generally, a medical malpractice claim can be brought when the negligent action of a hospital, physician, or other healthcare provider results in a patient's injury or death. The person making the medical malpractice claim must have some form of proof that the provider did not provide proper care and this resulted in harm to the patient.


There are also specific legal requirements. For example, the law requires that the person bringing a medical malpractice claim “deviated from the standard of care” and it was this deviance from some standard of care that was the cause of the person's harm. Furthermore, this claim must also be substantiated by an equivalent medical professional testifying on behalf of the patient. In other words, if the patient is making a claim against a doctor, then a doctor must testify on the patient's behalf. And if a patient is making a claim against a nurse, then a nurse must testify on the patient's behalf. (Those cases would be a type of “nursing malpractice” case).


A patient, or a representative of the patient (such as a family member) can bring a medical malpractice suit against another party. A medical malpractice claim can be filed against a treating physician, or any health care provider (including hospitals, clinics, nursing homes) as long as there are underlying facts to support a medical malpractice claim. There are typical “types” of medical malpractice claims, such as failing to diagnose a medical condition (or misdiagnosis of a medical condition), errors in anesthesia, surgical errors, medical errors and many other situations that might arise during the course of medical practice and medical treatment. If the facts support the case, then it is possible to file a medical malpractice case against most medical professionals, including doctors, nurses, dentists (or dental office staff), pathologists, neurologists, oncologist, cardiologist, nursing home (or their staff), down to and including the hospital itself as well as the hospital workers/staff.


We encourage any questions you might have about your medical malpractice case, and our Dallas lawyers are standing by to assist you, 24/7. The phone call is free, and the consultation is free. The Dallas attorneys at the Kane | Varghese Law firm charge absolutely nothing for lawyer or attorney fees unless we recover money in YOUR medical malpractice case.



DAMAGES RECOVERABLE IN MEDICAL MALPRACTICE CASES IN TEXAS


Once liability is established for medical malpractice, then a person may recover the cost of past (as well as future) medical expenses that are directly related to the medical malpractice involved.


It is also possible to recover economic damages as well, which includes past and future wage loss, as well as loss of income earning capacity. Furthermore, if a person establishes liability, they might also be able to recover past and future “mental anguish” damages for pain and suffering. This limit is not to exceed the sum of $250,000.00 in the state of Texas. Prior to 2003, there was no limit in the amount a person could recover, but legislature in 2003 capped non-economic damages for pain and suffering in a medical malpractice case.


Do you have questions about a potential medical malpractice case in Texas? Call now! Our experienced medical malpractice attorneys charge no fees for the FREE phone call, and there are no lawyer or attorney fees unless we recover money for you, our client.



EXPERIENCED MEDICAL MALPRACTICE ATTORNEYS &  LAWYERS AT THE KANE | VARGHESE LAW FIRM


At the Kane | Varghese law firm, we have experienced medical malpractice attorneys and lawyers representing clients in Dallas, Fort Worth and the surrounding cities and counties. Medical malpractice lawsuits are one of the more complicated areas of law. Medical malpractice is a special area of legal practice that requires not only a clear understanding of the law but also a firm and clear understanding of the healthcare profession and medical sciences. This unique specialization of experience is provided by Dr. Walter Kane, who is both an attorney and an active practicing physician. The Kane | Varghese law firm provides the experience required to help in your medical malpractice case, since we provide the necessary legal and medical expertise to understand your medical malpractice lawsuit.


We take on medical malpractice cases from all over the state of Texas, including the Dallas, Fort Worth areas. The Kane | Varghese Law Firm has experience in medical malpractice cases against individual physicians, nurses, private hospitals, and government hospitals even including the State of Texas itself! Our medical malpractice law firm takes on tough challenges to fight for our clients on their behalf against doctors or other medical providers who may have caused harm or injury to our clients.


Feel free to call our 24/7 phone line. We have  attorneys and lawyers who provide FREE consultation to discover if our medical malpractice legal service in Texas is right for you. The Kane | Varghese Law firm charges no attorney or lawyer fees in medical malpractice cases unless we make a recovery for you, our client.



FINER DETAILS OF MEDICAL MALPRACTICE LITIGATION


There will be situations where a bad medical outcome does not necessarily warrant a medical malpractice case. It is very possible that a practicing physician or health care provider can do everything right, everything “by the book”. And yet, the patient can still suffer an injury or bad outcome. Every medical procedure carries a certain amount of risk. All medication has risks. A doctor can consult with their patient and help understand and balance these risks versus the benefits of a treatment or medical procedure. This can help the patient understand, and make a decision with their doctor towards the right course of treatment. Since the burden of proof is on the plaintiff, this means it is not always easy to prove medical malpractice or medical negligence. A patient must prove that a reasonable doctor would not provided treatment in a way that the patient is complaining about, and there must also be acts, or omissions, that a provider engaged in that resulted in the injury of the patient.



STATUTE OF LIMITATIONS IN MEDICAL MALPRACTICE


Typically, a person has two years from the date of the alleged medical malpractice to file a medical malpractice lawsuit. There are very limited exceptions that may apply, and you can consult with a medical malpractice attorney at the Kane | Varghese Law Firm in Dallas to understand what options you might have available. If more than two years have elapsed since the event, do not automatically assume that you do not have a valid medical malpractice claim. A minor, for example, can bring suit for a medical malpractice claim once they reach the age of 18 if the event occurred while they were still a minor.


Again, there are many factors that affect the statute of limitations in a potential medical malpractice case. If you have questions about the statute of limitations in Medical Malpractice litigation, call now. The Kane | Varghese Law Firm will answer your questions. The phone call is FREE and the lawyers and attorneys that are available on our 24/7 phone lines will help answer your questions. The experienced lawyers and attorneys at the Kane | Varghese Law Firm will charge no lawyer or attorney fees in medical malpractice cases unless we make a recovery for you.



MEDICAL MALPRACTICE AGAINST GOVERNMENT HOSPITALS AND EMPLOYEES


With very few exceptions, state and municipal governments are generally immune from suit. This means that you cannot file suit against a government entity, unless the government entity agrees to be sued. There are very strict guidelines to these exceptions, and Texas law limits damages to $100,000.00 per claim or incident if the claim is against a county or municipal hospital. If the medical malpractice claim is made against a Texas or state-based hospital, then that limit is $250,000.00 per claim or incident.


Some attorneys used to try to get around that limitation by suing the employees of the institution, instead of the institution itself. Tort law changes made in Texas in 2003 allow the institution to step in as the true Defendant in a case, which means that employees of the medical institution now enjoy the same limits on damages in medical malpractice cases.


As you can easily see, Medical Malpractice is a very complex Legal Arena. If you have questions about the finer points of medical malpractice cases as related to government-run hospitals or entities, we welcome your call! Our Lawyers and Attorneys are available 24/7 and the phone call is FREE. We do not charge for your medical malpractice case unless we make a recovery for you, our client.



SETTLEMENT AND LITIGATION IN MEDICAL MALPRACTICE


Medical Malpractice lawsuits are fought hard, right until the end. Like a gladiator fight, you need an experienced fighter to champion your cause. We have experienced medical malpractice attorneys that will fight hard for you, and fight until the very end. The attorneys and lawyers at the Kane | Varghese Law Firm are experienced in recognizing the facts and circumstances that make each medical malpractice case unique.  We will fight for you to the end, and are committed to your medical malpractice lawsuit. The Kane | Varghese Law Firm charges no attorney or lawyer fees in your medical malpractice case unless we, as your attorneys, make a recovery for you, the client. We have experienced medical malpractice attorneys and lawyers standing by, 24/7 for a FREE phone consultation, so call now.



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