Protect your legal rights with El Paso’s Medical Malpractice Lawyers :
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 negligent actions 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 the 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.)
Common Causes Of Medical Malpractices :
Most instances of medical malpractices result in severe health issues, permanently disabling injuries and death. Medical professionals are supposed to offer you proper care and not resort to any malpractice that causes health-related losses for you.
Medical malpractice is as diverse as a medical practice. Some common occurrences of malpractice include:
- An incorrect diagnosis;
- The wrong body part is operated on, or a surgical instrument is left inside the patient;
- Birth injuries
- Implanting defective medical equipment;
- Anaesthesia errors
- MERSA and Staph infections resulted from unhygienic hospital conditions;
- Failure to admit medical emergencies;
- Injuries related to vaccination;
- Incorrectly done tooth extractions
- Failure to diagnose properly
Damages That Qualify For Compensation
There is a misconception that medical malpractice cases are paid by doctors out of their pocket. But, the truth is that medical malpractice cases are typically handled by insurance companies, which take up the liability coverage for doctors.
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
Reasons To Choose Our Law Firm :
We are among the top medical malpractice law firms in the country. Our lawyer’s expertise in personal injury law helps file a winning lawsuit against the medical professionals involved in causing damages to you or your loved ones. Our experienced medical malpractice attorneys at Carabin Shaw understand the importance of securing your future financially by offering the right legal advice in seeking maximum compensation for all your damages. Contact Our Carabin Shaw law offices to Schedule free consultation to discuss your case with our medical practice lawyer today. Our medical malpractice attorney will investigate the case thoroughly, scrutinizing the medical records of the victims to fix & prove the medical negligence.
Role of Our Attorneys In Proving Medical Malpractice in El Paso Tx
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 leads directly to your injuries/damages / the wrongful death of a loved one.
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 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.
Frequently Asked Questions
Among the cases handled by the firm, what percentage of cases end up in court instead of being resolved out of court?
It is important to choose a firm with attorneys skilled in settlement and trial. You should choose a law firm with lawyers who are experienced in both. The training and experience of trial attorneys ensure they are prepared to represent clients before a judge and jury successfully.
Most people believe that only doctors are responsible for medical negligence. But, besides doctors, other medical professionals can also be charged for the same. The people who will be held responsible include:
- Hospital Staff
To begin with, medical malpractice does not immediately follow a negative medical outcome. Despite the best of their efforts, medical professionals can still make mistakes due to things outside their control. There are several elements you must provide to demonstrate your claim’s validity:
- A doctor and patient relationship was established either by document or by providing medical care to the patient.
- As part of the legal obligation of a medical professional, a Duty of Care has been established, which states that they are liable to provide care that is accepted by the medical community.
- The professional breached his duty of care, which means he/she failed to perform his/her duty.
- Medical records and expert testimony confirmed that the Breach of Care was the primary reason for the injury.
- The injury resulted in damages, such as medical expenses, pain, suffering, lost wages, etc.
In most malpractice cases, the defendant will be a doctor. However, patients may sue a nurse, anesthesia specialist, or other hospital staff member. If it is not immediately obvious who contributed to the error, they may sue several different individuals. Patients likely can sue a hospital or other entity whose employee committed malpractice, as well. They would need to show that the employee acted in the scope of their job duties when the malpractice occurred. The hospital usually cannot be sued if a doctor commits malpractice. However, there are some circumstances in which a patient may file suit against the hospital. Experienced medical practice lawyer at our Carabin Shaw law firm will offer the right legal guidance.