Medical Malpractice Lawyers in Austin
Medical malpractice occurs when a healthcare provider violates the applicable medical standard of care, and someone is damaged as a result. Proving medical malpractice is often difficult and complex. However, the attorneys at Allison & Ward have successfully brought medical malpractice claims since 1995, including a 1.277 million dollar jury verdict in 2001. If you believe you or a loved one has been hurt by a negligent health care provider in the Austin area, contact our malpractice attorneys to discuss the specific facts of your case.
More About Medical Malpractice Lawsuits In Texas
Medical Malpractice are cases brought by patients against a physician or other medical provider. The patient has experienced harm or has been injured because of poor medical treatment or an incorrect diagnosis. The measurement for medical malpractice is determined by proving if the medical provider was negligent or failed to provide proper care. This is often determined by showing if a patient would have had the same level of care by another medical provider dealing with an identical situation.
Statute Of Limitations
Each state restricts how long a person has to file a medical malpractice claim. This is known as the statute of limitations. In Texas, a person must file a lawsuit against a medical provider for medical malpractice within two years after being damaged during treatment. If a person is not able to determine when the treatment occurred that caused them injury, the limit is two years after a patient received a final treatment or was hospitalized.
When a patient wins a medical malpractice lawsuit, they will be awarded damages by a court. A patient can be paid for economic damages such as lost wages, reimbursement of medical bills, and more. There are also non-economic damages. This could include pain, suffering, and psychological trauma to name a few. There can also be punitive damages designed to punish a medical professional for their behavior. A damage cap is a limit on the amount of compensation a patient can receive after winning a case. Since 2003, compensation for non-economic damages (for example, pain and suffering, mental anguish, and disfigurement) is generally capped at $250,000.00. The result of this cap has been a dramatic decline in medical malpractice claims and lawsuits.
Talk to An Experienced Medical Malpractice Attorney
If you believe you have a medical malpractice case, speak with one of the knowledgeable legal professionals attorneys at Allison & Ward. Our medical malpractice lawyers will be able to provide a thorough assessment of your case and help you get the financial compensation you deserve. Contact us today to get a free consultation!