Can you file a malpractice lawsuit without a lawyer in Texas? Legally, there’s nothing stopping you from trying to handle a medical malpractice case on your own. However, taking on doctors, hospitals, and powerful insurance companies alone often proves challenging.
You can review the benefits of working with a medical malpractice lawyer here. Learn more about the legal requirements for handling a malpractice lawsuit with our team at the Buzbee Law Firm.
What Are the Four D’s for a Malpractice Suit to be Successful?
Before you make a decision about handling your medical malpractice claim on your own, it’s essential to consider what these claims involve. In order to secure compensation for your losses after an injury caused by a medical professional, you need to establish:
Duty refers to a medical professional’s duty to provide an acceptable level of care. Doctors, nurses, surgeons, and other healthcare workers must act in a reasonable manner when providing your care.
You must show that a medical worker owed you a duty of care to build a medical malpractice claim in Texas.
Deviation from the Standard of Care
In addition to proving that a medical professional had a doctor-patient relationship with you, you have to establish that they deviated from an expected standard of care. Note that this does not mean that a doctor simply made a mistake.
Often, proving a deviation from the standard of care requires assistance from medical experts. Medical malpractice lawyers have the connections to work with experts who can establish the facts about a case.
You also have to show that you sustained damages due to the actions of a healthcare professional. You may need to keep track of your medical records and bills from the hospital for the care you received after your treatment.
In some cases, these accidents cause serious injuries that can impact you for the rest of your life.
Finally, you must demonstrate direct cause when filing a medical malpractice lawsuit in Texas. You must show that the medical professional directly caused your injuries due to negligence or poor decisions.
Proving all four D’s of a medical malpractice claim can prove difficult, especially if you do not have a trained legal professional on your side.
What Constitutes Medical Malpractice in Texas?
Before considering a medical malpractice claim, it’s essential to consider how Texas treats this action. Sec. 74.001 of the Texas Civil Practices and Remedies Code provides detailed information about medical malpractice cases.
In order to secure damages for your losses, you have to show that a medical practitioner’s actions directly led to your injuries. You may have a claim if a healthcare worker:
- Provided the wrong treatment
- Made an incorrect diagnoses
- Improperly administered medication
- Made a mistake during surgery
- Failed to properly inform you about the risks of a procedure
These actions can have several serious consequences, including injuries, scarring, or even the loss of a life. While you can file a malpractice lawsuit without a lawyer, professionals often have the experience to successfully resolve these claims.
What Should You Expect if You Represent Yourself?
Can you file a malpractice lawsuit without a lawyer? You have the legal option to represent yourself if you want. However, if you choose to handle your claim independently, you can expect to face several significant challenges.
Medical malpractice lawsuits in Texas require you to:
- File multiple motions
- Gather evidence
- Find and interview witnesses
- Obtain documentation regarding your injuries
You’ll have multiple deadlines to track and meet while handling your claim. Texas has a statute of limitations for medical malpractice claims, for example. If you wait too long to file an insurance claim, it can prove more challenging to secure compensation.
Note that this list only contains some of your pre-trial responsibilities. You’ll also have to prepare for your malpractice trial, which can involve:
- Creating an opening statement
- Preparing questions
- Preparing your witnesses
- Organizing evidence
If you represent yourself, you can expect to spend a lot of time speaking in front of the judge, jury, and individuals in the courtroom.
While some people feel comfortable handling all these tasks, many individuals choose to work with a professional. You can contact a medical malpractice lawyer who has experience with all aspects of these claims.
What Compensation Can You Receive Through a Malpractice Lawsuit?
A medical malpractice lawsuit in Texas can allow you to secure compensation for your losses. You may choose to pursue compensation on your own. In many situations, individuals have the chance to seek funds to cover their:
- Current and future medical care
- Lost income and diminished earning potential
- Pain, suffering, and mental anguish
- Scarring and disfigurement
In many cases, insurance agents and doctors try to get individuals to accept low settlements or compensation that fails to cover all their losses. You may not realize the full compensation available unless you work with a professional.
You Can Work With a Lawyer for a Reasonable Rate
Many individuals consider handling a medical malpractice claim independently because they worry about the cost of hiring a lawyer. However, many medical malpractice law firms in Texas work on a contingency basis, meaning you do not pay legal fees until they resolve your claim.
Lawyers can also help you ensure full coverage for your losses, helping you avoid leaving compensation on the table.
Speak to a Lawyer About Your Medical Malpractice Claim
Can you file a malpractice lawsuit without a lawyer? There’s no law to stop you from representing yourself in Texas. However, working with a lawyer can make the process of securing compensation for your losses less stressful.
You can review all your options with our team at the Buzbee Law Firm. Learn more by calling us or completing our online contact form.