Holding Negligent Healthcare Providers Accountable in Texas

 Posted on November 14, 2023 in Catastrophic Injuries

When doctors, nurses, hospitals, or other healthcare professionals provide substandard care that results in injury or death, you may have grounds to pursue a medical malpractice claim. Seeking justice after medical negligence is a complex process that requires experienced legal guidance. A Texas lawyer can help you determine the best option to hold the medical facility and provider liable.

Gathering Evidence and Documentation

The first step after suspected malpractice is gathering as much evidence as possible. Compile a timeline of events and all medical records related to the substandard care—track documentation of symptoms and issues that occurred due to errors or lack of proper diagnosis and treatment. Also, collect proof of additional costs incurred, like added medical expenses or lost income.

Consulting with Expert Witnesses

Medical malpractice claims rely heavily on expert testimony proving the healthcare provider violated standards. Your attorney will get the help of medical experts who can accurately evaluate records and provide opinions on where acceptable protocols were breached. Their testimonies can validate the malpractice allegations.

Filing the Lawsuit and Subpoenas

Once sufficient evidence is gathered, your attorney will file an official lawsuit in Texas civil court outlining the counts of malpractice and demanding compensation for damages suffered. Subpoenas of records and witness testimonies will also be issued. This will further support your claims.

Structured Settlement Negotiations

Before trial, structured settlement negotiations may occur to reach an agreement outside the court. Experienced malpractice attorneys have the leverage and skills to obtain fair settlements. However, sometimes negotiations fail, and trial becomes necessary. Your lawyer will only guide you to a trial if required for your situation.

Persuasive Trial Presentation

If a satisfactory settlement is not reached, the case proceeds to trial. Your lawyer will passionately argue before a judge and jury, calling qualified experts to testify and providing persuasive evidence of negligence and injury. The defense can create doubts, but an effective presentation can overcome this.

Receiving Compensation

If successful, the judge or jury awards compensation for economic and non-economic damages, including payment of past and future medical bills, lost wages, lowered earning capacity, pain and suffering, and emotional distress. While money alone cannot undo the damage, it provides vital resources for recovery.

Contact a Dallas, TX Personal Injury Attorney

Pursuing a medical malpractice claim is a complex journey, but one that is necessary to hold healthcare providers accountable and bring a sense of justice and closure. An Irving, TX personal injury lawyer can help you with your rights and chances of success before moving forward. Call Jerry D. Andrews, P.C. at 214-221-5800 for a free consultation.