Austin Doctor Malpractice Attorney
Top Rated Physician Malpractice Lawyers in Austin, TX
Were You or a Loved One Injured by Doctor Malpractice in Austin?
Have you or a family member suffered medical malpractice because of a doctor’s negligence? A successful lawsuit can compensate you for your financial losses and the pain and suffering you experience.
Texas medical malpractice regulations are wordy, and insurance companies and their lawyers will do anything to avoid paying. However, our expert malpractice lawyers can assist you. We handle all legal difficulties and negotiations to get you the compensation you deserve.
Our Austin doctor malpractice lawyers have the resources to protect your rights and offer you legal help throughout the entire lawsuit. The journey to compensation can be a challenge, but our experienced team will walk with you. Learn more below.
What is Considered Doctor Negligence in Austin, TX?
Under Texas law, medical negligence happens when a medical professional deviates from the established standard of care in the field. Medical malpractice is a category of tort that deals with doctor negligence. The Texas Civil Practice and Remedies Code (section 74) governs the statute of limitations in tort actions, including medical malpractice.
In tort law, the most common criterion is “negligence,” defined as conduct that falls short of a professional standard in specific professions.
Medical malpractice in Austin includes:
- Negligence: It may be difficult to prove a breach of duty or doctor error when many health providers provide patient care. Or more medical practitioners treated the patient, and there was more cause of injury. Only a knowledgeable medical malpractice law firm can address the complex concerns of physician malpractice.
- Standard of Care: In Texas law, the standard of care means what a reasonably prudent doctor or healthcare professional would have done in similar circumstances. Each medical specialty has its own set of care standards. Thus, the standard of care for a specific issue may be what a reasonably competent neurologist would have done in similar circumstances. Some standards of care cut across many medical disciplines rather than being particular to one.
- Fraud or Cover-ups; Doctors and hospitals often benefit from unnecessary medical treatments because insurers compensate hospitals for more extended stays and pointless surgical operations on patients.
What Can I Do If I Think My Austin Doctor Was Negligent?
If you think your doctor in Austin has been negligent, contact us now to schedule a free consultation appointment. One of our experienced Austin doctor malpractice lawyers will go through your file and discuss your potential case.
In a medical malpractice case, medical records, bills, insurance, Medicare/Medicaid communication, and photos of the injured individual before and after the incident are all necessary documents. If you cannot get the papers on your own, our law firm can assist you.
Can You Sue a Doctor for Malpractice in Austin?
Yes, in Austin, you can sue a doctor for malpractice. But, the statute of limitations for medical malpractice in Texas is unusual and relatively narrow. If the negligence occurred two years ago, you cannot take such a case to court.
The countdown begins when the malpractice happened or when you discovered it. When a medical error happens as part of continuous treatment or during treatment, the clock ticks from the last day of treatment. Because of the precise, severe time constraints for filing a claim, speak with doctor negligence lawyers specializing in medical malpractice claims and file a lawsuit against the doctor error before the deadline
How Do I Sue a Doctor for Malpractice in Austin?
Section 74.051 of the Texas Civil Practice and Remedies Code mandates that a prospective plaintiff send written notice of the claim to each health care provider mentioned in the lawsuit at least 60 days before filing the action – this is usually handed by an attorney. This notice must be mailed using certified mail and ask for a return receipt.
The patient must also submit a “permission form for release of protected health information” to each listed health care provider, together with the notice of claim, so that the provider(s) can begin investigating the patient’s allegations.
Can You Sue a Austin Doctor Who Doesn’t Have Malpractice Insurance?
You can sue a doctor who doesn’t have malpractice insurance but expect a lengthy legal process. Our malpractice lawyers help you through legal and medical obstacles to compensation and justice. Get the experienced guidance you need to understand medical malpractice laws and your rights in this complex area of law.
Can You Get Compensation for Doctor Negligence in Austin Without Filing a Lawsuit?
Yes, you can get compensation for doctor negligence in Austin Without Filing a Lawsuit. But you may still need to hire a medical injury law firm for various processes. An alternative resolution, such as a demand letter and settling down in settlement negotiations, can help you with a lawsuit.
Mediation is another option you can use to address the issue without entangling the hospital and doctor in a lengthy legal battle. You may also seek a binding agreement that requires the other party to provide the settlement negotiated and agreed upon by the two parties.
What Compensation Can You Receive for Doctor Malpractice Claims in Austin?
You are entitled to damages if you win in court and the litigation turns in our favor. However, the Texas medical malpractice law limits the amount of money a patient can receive if they win their case.
For all healthcare providers and hospitals, the maximum sum the defendant can compensate the plaintiff is $250,000. If you sue both the doctor or healthcare provider and the hospital, the total non-economic damages cap can reach $500,000. When a medical malpractice complaint is successful, you may get awarded the following;
- Economic Damages–complete repayment of medical bills to compensation for lost wages due to missed workdays.
- Non-economic Damages–compensate for pain and suffering and the negative consequences of the incorrect diagnosis or treatment.
- Punitive Damages—Used to punish a medical professional who commits negligence and malpractice on purpose.
Austin Attorneys Specializing in Physician Malpractice Litigation
We understand the emotional, physical and financial pain and loss medical malpractice can cause you. But two years is not a long time to wait to bring a lawsuit. Especially if you are recovering from a terrible experience or have only recently learned that you suffered complications after your medical visit.
Medical malpractice claims are complex and often include a prolonged process of acquiring medical records, creating expert reports, deposing the other party’s parties and witnesses, and preparing for resolution – whether settlement or trial.
Our experienced doctor malpractice law firm can help you understand medical malpractice laws and your rights in this complex area of law. Contact us to learn more about the Texas statute of limitations, your case, and your best choices for resolution.
We work on a contingency basis for you, which means you pay no upfront costs or fees. Instead, you only pay us if we obtain a settlement or award on your behalf. We can assist you in suing a doctor who does not have malpractice insurance. A member of our law firm is waiting to take your call so you can make an informed choice about your case. Contact us now.
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Don’t Wait! Contact Us Today to Get the Help You Deserve From One of the Best Medical Malpractice Law Firms in Texas.
We represent clients from all across Texas. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation. Our personal injury attorneys will review the details of your case, make sure you understand your legal rights, and discuss the possibilities of a lawsuit. Call us at the number below or complete the form and a member of our staff will contact you as soon as possible. All consultations are strictly confidential.
A HISTORY OF
Tommy Hastings and his team of personal injury attorneys have successfully tried and settled thousands of medical negligence lawsuits in the U.S., resulting in the recovery of millions of dollars in compensation for their clients. These results have earned them the reputation of being one of the best medical malpractice plaintiff firms in the nation.