Team of surgeons in the operating room

Medical Malpractice Attorney in Dallas

When you seek medical care, you assume that your healthcare professionals will provide competent and safe treatment. Unfortunately, medical errors can and do occur – sometimes with devastating consequences. If you have suffered injuries due to medical negligence, you need a skilled Dallas medical malpractice attorney to pursue the compensation you deserve and fight to protect your rights.

At The Wilhite Law Firm, our experienced attorneys have a thorough understanding of medical malpractice cases and are committed to helping victims of medical negligence pursue justice. With our extensive legal experience and dedication to our clients, we’re here to lead you through the legal process and advocate for your best interests. Call us today or complete our online contact form for your free case review.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care that a reasonably competent medical professional would under similar circumstances. This failure can result in injuries, worsened medical conditions, or even death.

It’s important to understand that not all negative medical outcomes are the result of malpractice. Sometimes, complications or poor results can occur even when proper care is provided. Medical malpractice specifically refers to situations where negligence or substandard care leads to harm.

What Are Some Types of Dallas Medical Malpractice Cases?

Medical malpractice can take many forms.

Some common types of medical errors that constitute medical malpractice can include:

  • Misdiagnosis or delayed diagnosis – When a doctor fails to correctly diagnose a condition or takes too long, it can lead to improper treatment or delayed care.
  • Surgical errors – Operating on the wrong body part, leaving surgical instruments inside a patient, or causing unnecessary damage may happen during surgery.
  • Medication errors – Prescribing the incorrect medication or dosage or failing to account for harmful drug interactions are critical errors.
  • Birth injuries – Injuries to the mother or child during pregnancy, labor, or delivery can result from negligent care.
  • Anesthesia errors – Administering incorrect amounts of anesthesia or failing to monitor the patient’s condition during surgery is dangerous.
  • Failure to treat – Not providing appropriate treatment for a diagnosed condition or failing to follow up with necessary care are common medical mistakes.
  • Emergency room errors – Misdiagnosis, delayed treatment, or failure to admit patients requiring immediate care may all happen in the ER.
  • Infections acquired in healthcare settings – When proper sanitation protocols aren’t followed, it can lead to serious infections.
  • Radiology errors – Misreading or misinterpreting X-rays, MRIs, CT scans, or other diagnostic images may have serious consequences.
  • Failure to obtain informed consent – Neglecting to inform patients about a procedure’s risks and potential complications means a patient cannot properly consent.

These are just a few examples of how medical malpractice can occur. If you believe you’ve been a victim of any form of medical negligence, it’s crucial to consult a Dallas medical malpractice lawyer to understand your rights and options.

What Is Required to Prove a Medical Malpractice Claim?

Proving that medical malpractice took place can be challenging, as it requires demonstrating that the healthcare provider’s actions did not rise to the accepted standard of care.

A successful medical malpractice claim in Dallas must be based on four key elements:

  • Duty of care – You must prove that a doctor-patient relationship existed, establishing that the healthcare provider had a duty to provide care.
  • Breach of duty – You need to show that the healthcare provider breached their duty by failing to provide care that meets the accepted medical standard.
  • Causation – You must demonstrate that the healthcare provider’s breach directly resulted in your injuries or worsened your condition.
  • Damages – You must have suffered actual harm as a result of the medical negligence, such as physical injuries, emotional distress, additional medical expenses, or lost wages.

Who Can Be Held Liable for Medical Malpractice?

Various parties who could potentially be held liable in a medical malpractice case include:

  • Doctors and surgeons
  • Nurses and nurse practitioners
  • Anesthesiologists
  • Pharmacists
  • Hospitals and medical facilities

In some cases, multiple parties may share liability for the injuries caused by medical negligence. An experienced Dallas medical malpractice lawyer can identify all potentially liable parties to ensure you pursue compensation from all responsible sources.

What Compensation Is Available in a Dallas Medical Malpractice Case?

If you’ve been a victim of medical malpractice, you may be entitled to various forms of compensation, known as damages. These can include:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life

The specific amount and types of compensation available will depend on the unique circumstances of your case.

Is There a Time Limit for Filing a Medical Malpractice Claim in Texas?

There is a time limit, dictated by the statute of limitations, for filing a medical malpractice claim in Texas. Generally, you have two years from the date the malpractice occurred to file a lawsuit. However, there are some exceptions to this rule.

  • If the malpractice wasn’t discovered immediately, the two-year period may begin from the date you discovered or reasonably should have discovered the injury.
  • For cases involving minors under 12, the statute of limitations is extended until the child’s 14th birthday.

There is an absolute deadline of 10 years from the date of the medical treatment, regardless of when the injury was discovered.

Given these time constraints, it’s crucial to consult with a Dallas medical malpractice lawyer as soon as you suspect you’ve been a victim of medical negligence. Waiting too long could result in losing your right to pursue compensation.

Contact a Dallas Medical Malpractice Lawyer

If you suffered injuries due to medical negligence in Dallas, don’t face this challenging situation alone. The experienced medical malpractice attorneys at The Wilhite Law Firm can help. We understand the complexities of medical malpractice claims and are committed to fighting for the rights of people harmed by medical practitioners or facilities they trust.

Our Dallas medical malpractice lawyers will thoroughly investigate your case, consult with medical experts, and work tirelessly to build a strong claim on your behalf. We’re dedicated to helping you seek the compensation you need to cover medical expenses, lost wages, and other losses resulting from medical malpractice.

Don’t let a healthcare provider’s negligence go unchallenged. Contact The Wilhite Law Firm today for a free consultation. Remember, you only pay us if we obtain compensation for you.