If you were injured while undergoing medical care or your condition worsened and you can’t figure out the next course of action, we suggest starting with a review. Reviewing the events that led up to your situation with the help of a medical malpractice lawyer is one way to understand the case.
A personal injury lawsuit falls under two categories: either medical malpractice or negligence. To know the difference between medical malpractice and medical negligence, consult a personal injury attorney in Texas so we can review your claim.
How Is Medical Malpractice Different From Medical Negligence in Texas?
If a doctor’s mistake has caused you or your loved one injury or harm, it makes a case for a personal injury lawsuit. Cases of this nature are decided on intent or awareness, which helps differentiate between neglect and malpractice.
Medical malpractice is when a doctor knows about the possible consequences and still makes a mistake. It is a classic case of knowingly ignoring the standard of care. While medical negligence is when an action accidentally causes harm, medical malpractice and medical negligence in Texas are legal concepts. Knowing the difference will help you evaluate your claim type.
You’ll need the assistance of a qualified attorney in Texas to prove these claims, but you should also familiarize yourself with the differences between malpractice and negligence. A medical malpractice attorney in Texas can assist you in determining which one of these applies to your circumstance.
Example of Difference Between Medical Negligence and Malpractice
During a regular procedure, a surgeon cuts your blood vessel by accident. It is a clear case of bad medical care and falls under medical negligence. On the contrary, when a surgeon operates on you without first doing the necessary tests, this is medical malpractice.
Each case has its specifics and findings. If you’re unsure if the care you received was medical negligence or malpractice, it’s best to talk to a Texas, personal injury lawyer.
Can an Incident Be a Case of Both Malpractice and Negligence?
It’s hard to tell the difference between medical malpractice and medical negligence cases. Medical malpractice might be considered a kind of medical negligence. Discuss your case with a lawyer if you are injured due to the doctor’s mistake. The medical malpractice attorney in Texas will evaluate your case using various factors:
- Whether the doctor was aware of the consequence before he started the procedure.
- Were the protocols of prevention in place during the incident?
- Did the doctor try his best to offer the right treatment?
- Can the harm be considered an honest mistake?
Compensations You Can Receive for Malpractice and Medical Negligence in Texas
Medical injuries may ruin your life regarding finances, physical health, and your emotional well-being and ability to enjoy your life as you once did. Your medical malpractice attorney in Texas will conduct a thorough analysis of your cases. They will assess the financial and non-financial value of these injuries. These are the types of losses:
Medical expenses can include treatment bills, doctor appointments, therapy, prescription medicines, and corrective surgery.
Pain and Suffering
You may be entitled to compensation for your physical suffering and emotional distress, such as concern and grief.
Loss of Consortium
Some medical malpractice or negligence claims in Texas may result in a wrongful death lawsuit. In such cases, consortium loss is awarded because it induces; family advantages, companionship, affection, and solace.
Loss of Wages
Suppose your injuries are serious and might cost you a loss of wage. You can claim lost income and future earnings.
What Should You Do if You Experience Medical Malpractice or Negligence in Texas?
If you experience medical malpractice or medical negligence, you can claim damages. If you feel you have been the victim of medical negligence or malpractice, you have the following options. Here are the steps to follow if you are a victim of medical negligence or medical malpractice in Texas:
- Contact your healthcare institution to discuss your case. It will help you better understand your case.
- Consider reaching out to the respective licensing board.
- Contact a personal injury attorney or medical malpractice lawyer in Texas to clarify your rights.
- Once you have a Texas personal injury attorney involved, they will take care of the case details.
Essential Four Elements for Medical Negligence or Malpractice Claim
Not every medical malpractice case is considered negligence. You must prove misconduct to file a medical negligence lawsuit in Texas. The following elements are essential to winning a case:
- The doctor-patient relationship must be proven.
- The doctor didn’t satisfy the terms of care.
- The doctor didn’t meet the standard of care during treatment.
- The medical mistake of the doctor caused the injury.
The Two-Year Statute of Limitations in Texas
Medical malpractice lawsuits in Texas have a two-year statute of limitations. It means you must file a medical malpractice action in Texas two years after the negligent act.
Tolling the Statute of Limitations in Texas
The statutes of limitations in Texas might be extended by 75 days if you notify the negligent healthcare practitioner. It can only be done within the two-year time frame as prescribed.
Texas Statute of Repose
The statute of limitations for medical malpractice lawsuits in Texas is ten years. Any lawsuit brought after 10 years of negligent act or omission will be banned. This deadline outweighs exceptions to the statute of limitations.
Does My Case Qualify for Medical Negligence or Malpractice?
Identifying the difference between medical negligence and malpractice in Texas is important. Legal representation is essential for it. Contact a Texas personal injury attorney to help you better understand your case.
Our medical malpractice attorney in Texas, at The Buzbee Law Firm, can help file a lawsuit within your rights. If you were injured as a result of the carelessness of a medical professional, contact us.