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In the state of Texas anyone seeking medical attention has the right to have effective, correct and accurate medical treatment. Unfortunately for some patients, medical malpractice can and does occur, resulting in further injury to the patient. In Fort Worth medical injury claims, as in the rest of the state, can be compensated through a medical malpractice case providing certain criteria are met.
In Texas, there are certain expectations that have to be proven to make a claim. The first and most important issue is that the health care provider "owed a duty" to the patient. This means that the doctor patient relationship was established through some type of consultation or agreement to treat the patient. In addition the attorney must prove that the medical professional beached that duty of care to the patient and the breach resulted in injuries to the patient. While it may seem obvious the case will also have to prove that the injury was directly related to the health care providers breach of duty and that the patient him or herself did not contribute or cause the injury based on their actions. If a breach of duty occurred but there were no injuries, there is no case.
Your medical negligence lawyer can typically provide a good estimate on how long it will take to settle your case. Generally in most areas, including Fort Worth, medical malpractice lawyers try to settle out of court, ensuring a quicker settlement. In the case that it cannot be settled in direct negotiation or mediation, your attorney will then proceed through the court. In most cases where the medical health provider is willing to settle the case is completed in months, court cases may drag out much longer.
In Texas as of September of 2003 there are caps on both economic and non-economic claims of medical malpractice. It is very important to talk to a knowledgeable, professional Fort Worth medical malpractice lawyer to understand exactly what can be claimed and what a reasonable settlement amount will be based on your individual case and injuries. Generally there is a limit of $250,000 for all non-economic damages in any claim and economic damages are also capped depending on the type of malpractice action being filed.
The content of this website is provided for informational purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
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