Medical Malpractice Laws in Texas

If you believe you’ve been the victim of medical malpractice at the hands of the medical professional you entrusted with your care, you may be able to bring a medical malpractice claim against them in civil court. Doing so can enable you to achieve full compensation for your losses if your case is successful.

However, before you make the decision to embark on the civil claims path, there are certain laws in Texas that you should keep in mind that apply to medical malpractice claims. Read on to learn more about how negligence is established in medical malpractice claims, how long you’ll have to file your claim, and any caps their might be on the total amount you can recover.

Establishing Negligence in Medical Malpractice Claims

To prove negligence on the part of a healthcare professional, the attorney representing your case will make use of an expert’s testimony in regards to the actions of the medical professional in question. The goal will be to establish that the caregiver acted in a way that a similar professional of the same education, training, and experience would not have made.

For example, if you suffered a serious infection after your surgeon left a sponge in your body cavity, your attorney would be able to prove negligence, as any other reasonable surgeon would have done proper counts of their instruments following the surgery and would have caught such a mistake prior to you suffering further injuries.

File Your Claim Within the Statute of Limitations

It is critical that you file your medical malpractice claim before the statute of limitations runs out in your case. In Texas, you will have two years from the date the incident occurred to file your claim. If you were receiving ongoing treatment and once treatment has finished you realize that you’ve suffered further injury due to an error on your caregivers part, then the clock will start running from the date that treatment ended.

Also, if your child has been a victim of medical malpractice and is under 12 years of age, you will have until the child’s 14th birthday to file your claim before the statute of limitations runs out. However, failure to file your lawsuit before time runs out will result in you being barred from pursuing the compensation you are otherwise entitled to.

What You Should Know About Caps on Damages

Although you’ll be able to get every single economic damage covered by the negligent medical professional in your case, there are caps on the non-economic damages that you’ll be able to recover.

These damages would include your pain and suffering, loss of enjoyment of life, emotional distress, loss of companionship and love, the effects of disfigurement and the loss of household services, among others. The cap if your claim is against a single physician or institution is $250,000. If your claim is going to be against multiple physicians or institutions, your cap will be $500,000 per claimant.

Discuss Your Case with a Seasoned Texas Medical Malpractice Lawyer

When you’re ready to move forward with your claim, it’s important that you get in touch with an attorney. Many Texas medical malpractice law firms will offer their prospective clients a free case review to discuss your case so that they can give you a better idea of what you should expect should you choose to proceed.

Take advantage of this opportunity and start working on your claim right away- you’ll be one step closer to obtaining the compensation you deserve if you do.

Please follow and like us:

Dog Bite Claims: Does Breed Matter?

While most dogs we encounter are cute and sweet, there’s a chance that you could be bitten by a dog without any provocation. It’s a painful situation, and you’ll need to get the compensation you need for your recovery. But, does it matter what breed it was?

When you’re bitten by a dog, you’ll need to get a dog bite attorney as soon as possible. These bites are dangerous, so you’ll need someone who can assess the damages you’ve suffered, no matter the breed, and find your claim’s worth when you’re suffering. This is the most important part of your claim, but the dog’s breed may play a role as well, so speak to an attorney before you begin.

Liability for the Bite

First, who’s liable for the costs of your bite? It can be expensive to treat, especially if you’ve suffered from any of the following:

  • Infection
  • Puncture wounds
  • Broken bones
  • Nerve damage
  • Tetanus

These can be serious, so medical care is necessary. But, once you’ve received all these bills, who will be responsible for those expenses? The dog can’t be sued, after all.

In most cases, the owner is responsible for the dog attack. If the owner is a child, then the parents will be held responsible and must pay the costs for your recovery. In some cases, a landlord may have been responsible for keeping the dog from attacking, so if you’re not sure who’s responsible, get help from your lawyer.

Certain Breeds are Listed as “Dangerous”

However, the type of dog can have an effect on your case. Any dog can leave you injured, from a Chihuahua to a Great Dane, but some dogs are considered more dangerous than others. In some locations, legislation has been passed about these “dangerous” dogs.

For example, pit bulls have become an especially reviled breed. While some studies say they’re not more apt to bite than any other type of dog, their reputation as fighting dogs and the higher likelihood of serious injury or death is what people will take note of.

Some of these dogs have even been banned from certain areas, which might affect your claim. If the dog owner shouldn’t have had the dog in that area, they might face even more fines for their dog’s actions.

Does This Affect Compensation?

This means that your lawyer might be able to use the dog’s breed to your advantage. For example, let’s say you were bitten by a Rottweiler and have suffered puncture wounds and broken bones. In this case, you’ll need significant compensation for your injuries.

In this case, your lawyer might point out that the injuries are more severe, and the dog was more dangerous, compared to a smaller dog. A Pomeranian is just as capable of biting, but those injuries aren’t as apt to be debilitating.

Keep in mind, however, that dog owners have strict liability for their dogs. This means that, if you’re bitten by a dog, it doesn’t matter if the owner was negligent or even present. Proving that you were bitten by the dog is what matters, and it’s what your lawyer will focus on.

Get an Attorney’s Help

Dog bites can be serious. You’re dealing with serious injuries, and you’ll need to fight back for your compensation, no matter the dog breed. However, that’s tough to do alone, but that’s what an attorney is for.

When you’re injured by a dog bite, you’ll need to fight back for your compensation. The dog’s breed often won’t matter as much. What matters is that the dog owner is liable for their dog’s actions and that you get the compensation you deserve for your injuries.

So, reach out to a dog bite attorney as soon as possible. You deserve compensation for your dog bite, and a lawyer can help.

Please follow and like us:

Sexual Harassment in the Workplace

No employee should ever have to deal with sexual harassment in their workplace. If you’ve been burdened by sexual harassment from a colleague, supervisor or other employee in your place of employment, you might be able to bring a claim against the person who is sexually harassing you and potentially your employer if they’ve failed to take necessary steps to prevent it from continuing.

The vast majority of companies have sexual harassment policies in place. These policies may outline the steps you should take when you’re being sexually harassed at work such as reporting the incidents to your human resources department or your immediate supervisor.

It’s important that you retain an experienced attorney in these types of cases. This is because if you are bringing a claim against your employer for failing to address the situation you should expect your employer to push back against these claims and even place fault on you for not taking the steps outlined in your contract to report sexual harassment behaviors.

Read on to learn more about what types of behaviors are considered sexual harassment and the compensation you may be able to receive in your claim.

What Constitutes Sexual Harassment?

There are any number of ways in which employees can become victims of sexual harassment. Sexual harassment is often defined as any unwelcome physical, written, or verbal actions of a sexual nature and can be considered a sexual discrimination when the harassment creates a hostile, offensive, or intimidating work environment that impacts your ability to complete your work.

The other common form of workplace sexual harassment is known as “Quid Pro Quo”. Here, the harasser in question has requested sexual favors in exchange for hiring, promotions, or to retain your position at work.

Sexual harassment can come in many forms including sexual touching, comments, gestures, jokes, pressure or innuendos. The key in establishing that sexual harassment occurred is that the actions of the harasser were unwelcome and offensive.

Recovering Compensation For Your Damages

When you’ve made the decision to move forward with your claim, your attorney will discuss with you, in detail, the different ways your life has been impacted by the sexual harassment you endured. It will be critical that no damage goes unaccounted for so that you can get the most out of your claim. Some of the most frequently sought damages in a sexual harassment claim include compensatory damages, the damage to your earning potential, back pay, and punitive damages.

Compensatory damages might include damage to your reputation, pain and suffering, mental health counseling, medical expenses, emotional distress, and the costs of searching for new employment, where applicable.

When referencing the loss of potential future earnings, your attorney will consider how long it will take you to find another job, how old you are, and what the turnover rate is with your former employer to determine how much you’ve lost out on. Possibly the area that is the greatest cause for concern is the back pay you’re entitled to. This could include lost wages, the loss of bonuses, benefits, contributions to your 401K, and paid time off.

In the event that the judge finds that the actions of the harasser were particularly abhorrent or malicious in nature, whether that be due to the actions themselves or for failure to do something about harassment after it’s been reported, you could be awarded punitive damages. This award, though helpful to your case, is designed to make an example of the liable party so that similar incidents don’t happen in the future.

Get Help from a Qualified Personal Injury Lawyer

If you’re considering bringing a civil lawsuit against your harasser or employer for sexual harassment in your workplace, working with a lawyer for a sexual harassment claim can be the best way to ensure that you secure the funds you need to put this difficult time in your life behind you.

Please follow and like us:

California Wrongful Death Claim 101

If you’ve lost a loved one due to the actions of another. It doesn’t matter whether the actions of the defendant in your case were intentional or negligent- if it wasn’t for the actions of the defendant, your family member would still be with you today. Below we discuss the ins and outs of California wrongful death laws so that you can prepare yourself for your the claims process.

Filing Within The Statute Of Limitations

First and foremost, you need to make sure that you file your claim before the statute of limitations runs out in your case. The time limit for a wrongful death claim in California is two years from the date of the decedent’s passing.

If you do not pursue your claim within the statute of limitations, you will be unable to have your case heard in court, and you will not be able to recover compensation for the damages both you and your deceased loved one endured.

Who Can Pursue A Claim?

California laws regarding who can file a wrongful death claim are very strict. The following entities may be able to pursue a claim under the appropriate circumstances:

  • The decedent’s surviving spouse, children, or domestic partner
  • The decedent’s surviving parents or siblings
  • The decedent’s stepchildren
  • The decedent’s putative spouse or children

The surviving spouse, children and/or domestic partner of the deceased will be the first parties entitled to file a claim first. If none of these parties are in the decedent’s line of descent, then anyone who might inherit the deceased’s property and assets would be able to file a claim, such as the deceased’s parents or siblings.

Also, those family members who can demonstrate financial dependance on the deceased such as the decedent’s stepchildren, putative spouse, or children of the putative spouse will also be able to pursue a wrongful death claim. The term putative refers to an assumed, but not by-law binding, marriage between the deceased and other person.

Damages That Can Be Recovered

There are two different ways that damages are categorized in a California wrongful death claim: those that the decedent suffered or would have sought in a personal injury claim, and those that the family suffered upon the death of their loved one.

The losses of the deceased might include lost wages and damage to their earning potential, medical bills accrued due to their injuries, and funeral and burial costs.

Damages that will be attributed to the surviving family members pursuing the wrongful death claim would include the loss of financial support, the loss of companionship and love, the loss of household services, and  the loss of community and guidance.

Your attorney will be able to go over all of the losses that could be considered when calculating the value of your claim to ensure no damage is unaccounted for.

Speak With A California Wrongful Death Lawyer

If you have additional questions about how to go about filing a wrongful death claim, reach out to the wrongful death lawyers of Dickson Kohan & Bablove today. Your attorney will work to secure the compensation you need to pick up the pieces of your life.

Please follow and like us: