Medical treatment is intended to help you recover from whatever is ailing you. When you go to a hospital, doctor’s office, or anywhere else for treatment, you expect the medical professional to improve your condition as best as they can. If they’re negligent, they could actually end up leaving you worse off than you were when you arrived. In that case, you could use the help of a Plano, TX medical malpractice lawyer.
Having an attorney from Buckingham Barrera Vega Law Firm on your side after experiencing an act of medical negligence is essential in your claim. That way, you can be sure that the correct party will be held accountable for their actions, and that you’ll get full and fair compensation for what you’ve been through. Med mal claims can be confusing, which is why we’re here to guide you through every step of the process.
Proving Negligence in a Plano Med Mal Claim
The biggest job that your med mal attorney will have in your claim will be to prove that the medical professional was negligent, which solidifies that they were liable for your damages. Their negligence could have manifested in a birth injury, surgical mistake, an infection, or any other medical mistake that left you more injured than when you entered their care. You shouldn’t have to suffer any more from their error.
Your lawyer will collect evidence of your damages so that they can prove the four elements of negligence. Here are the elements that they will need to prove in order to build you the strongest medical malpractice claim possible:
- A doctor-patient relationship existed between you and the healthcare worker, and they owed you a duty of care.
- The doctor breached that duty of care through an act of negligence.
- That breach directly resulted in you suffering injuries.
- As a result of the injuries, you suffered from damages.
Once your attorney can establish all of these points, you can have peace of mind knowing that your claim is legitimate. You might still have questions, which is why you could benefit from having the help of our Plano, TX medical malpractice attorney. We’re prepared to prove the medical professional was negligent and then guide you through every step of the claims process.
Different Parties Who Could Be Liable for Malpractice
After experiencing malpractice, you might be wondering who you could hold responsible for what happened to you. There are many different parties who could have been negligent, even those you wouldn’t expect. Here are some of the most common parties who are held liable when a medical error occurs that injures a patient:
- Doctors
- Surgeons
- Nurses
- Other Healthcare Workers
- Janitorial Staff
- Dentists
- Hospitals
- Doctor’s Offices
- Dental Practices
- Clinics
You might think that you could only hold the healthcare worker responsible for what happened to you, but that’s not always the case. If the facility or other staff members there were also negligent, then they could also be responsible for the injuries that you sustained.
This could seem complicated, which is why you need our Plano, TX medical malpractice lawyer on your side. We’ll be able to determine exactly who was liable and hold them accountable
Damage Caps for Med Mal Claims in Texas
Recovering damages is a major part of your claim. It’s one thing to have to deal with the physical and emotional injuries you were caused and trying to heal from them, but the financial burden is another thing that can also affect you for the rest of your life. That’s why an attorney will work to recover economic, noneconomic, and potentially punitive damages for you in your claim.
However, state law puts caps on the amounts you can recover in financial compensation. Damage caps are typically put in place for medical malpractice claims with the thought of helping the economy. These caps ensure that only certain amounts can be recovered from med mal cases so that hospitals, doctors, government agencies, and any other responsible party doesn’t have everything taken from them. Essentially, this keeps parties from going bankrupt from their medical mistake.
Ideally, victims of medical negligence would be able to recover everything they’re owed for the damages they sustained, but caps are in place for a reason. Most likely, your case won’t reach the caps, as they’re larger than you think. Also, the limits in Texas are only placed on noneconomic damages. Here are the caps you should know for noneconomic damages in med mal claims:
- $250,000 per person against a physician or healthcare provider
- $250,000 per person against one healthcare institution
- $500,000 overall per person against more than one healthcare institution
It’s important to note that economic damages, or the costs that you have physical bills for, cannot be capped in Texas. That means that you can potentially recover financially for every physical cost that you incurred from the injuries. Our Plano, TX medical malpractice attorney will be able to help you calculate what you’re owed and whether or not those caps will limit what you can recover.
Hire Buckingham Barrera Vega Law Firm to Represent You
You shouldn’t have to go through your med mal claim on your own. After suffering from a doctor’s medical error, you’re likely left feeling vulnerable, both physically and emotionally. You trusted your practitioner and their healthcare facility to provide you with expert care, and they did the opposite. Healing from these wounds can feel like a full-time commitment, which is why you need a lawyer on your side.
Filing a claim against a healthcare agency or worker can be incredibly intimidating. You might feel like you don’t have the power to take them on, but that’s not true. When you hire our Plano, TX medical malpractice lawyer from Buckingham Barrera Vega Law Firm, you can feel confident in your claim.
We’ll fully investigate what happened and prove that medical negligence was involved so that you can get the justice and peace that you’re looking for. You deserve full and fair compensation for what you’ve suffered through. Reach out to us today so we can schedule a free consultation.
