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Dallas Medical Malpractice Lawyer

Seeing a physician for help with your injuries and illnesses involves a great deal of trust. Unfortunately, medical professionals sometimes do not give their patients the care and attention they deserve, resulting in mistakes that could lead to devastating outcomes.

If you sustained losses from a medical error, you may be entitled to seek compensation. However, fighting against insurance companies and malpractice defense firms on your own can be a daunting task without an experienced personal injury attorney by your side. A Dallas medical malpractice lawyer could become your legal advocate and protect your rights when going against these entities.

The Medical Standard of Care

In medical malpractice cases, the court applies a different level of care than other types of negligence claims. In a basic negligence claim, the plaintiff must show that the defendant breached their duty of care, causing them to sustain harm. Under this standard, a defendant is considered negligent if they do not act like a reasonably prudent person would under the circumstances.

However, in medical malpractice cases, the court holds health care professionals to a heightened standard of care. The medical standard of care holds a physician liable for malpractice if they fail to administer the same type of care that a prudent health care professional, with the same experience and training, would administer within the same community under the circumstances.

Some common types of medical malpractice cases where a doctor failed to meet the medical standard of care include:

  • Failing to warn patients of known risks of treatment
  • Improperly treating a patient’s injury or illness
  • Failing to properly diagnose
  • Surgical errors

A Dallas medical malpractice attorney could help a plaintiff prove that their health care provider failed to meet this heightened standard of care.

Recoverable Damages

Those suffering from medical malpractice injuries in Dallas may seek compensation through an insurance claim and by filing a personal injury lawsuit. To bring a successful claim, a plaintiff must demonstrate that a doctor-patient relationship existed at the time of the injury, that their physician failed to meet the medical standard of care, and caused them specific losses as a result.

Plaintiffs may seek economic and emotional damages to compensate them for their losses. Noneconomic damages may include pain and suffering and emotional anguish. A judge and jury may look at factors such as the severity of their losses and other similar cases to determine the value of a claimant’s emotional damages.

Economic damages may include monetary losses such as lost wages, reduced future earning capacity, medical bills, and out-of-pocket expenses. A Dallas lawyer with experience in litigating medical malpractice cases could prove an injured party’s economic losses through documentation, including invoices and receipts.

Contact a Dallas Medical Malpractice Attorney Today

If your medical care provider caused you to sustain damages, a Dallas medical malpractice lawyer could be of assistance. By reviewing your case, an attorney could identify the value of your claim and work to help you obtain fair compensation. To start exploring your legal options for recovery, schedule an initial case consultation.