Turn to the Proven Medical Negligence Attorneys at Bailey & Galyen
When you need medical attention, whether it’s after an accident or because of an illness or similar condition, you expect that the medical care you seek will, at a minimum, not cause your condition to deteriorate. Unfortunately, in today’s world, medicine is as much about profit as it is about care. With all the pressure to maximize shareholder value, many hospital administrators cut costs by cutting personnel, and many insurance companies enhance their bottom line by refusing to pay for essential testing or procedures. When you’ve suffered injury or illness because of the carelessness or negligence of a medical professional, you want qualified legal counsel to help you get compensation for your losses. You want the experienced Arlington medical malpractice lawyers at Bailey & Galyen.
At Bailey & Galyen, we bring more than 40 years of experience to people across the state of Texas who have suffered injury or loss because of someone else’s wrongful acts, including victims of medical malpractice or negligence. Since our inception more than four decades ago, we have recovered hundreds of millions of dollars in verdicts and settlements for people throughout Texas who have suffered needless personal injury. We built our reputation and our practice on a commitment to hard work and unmatched client service and satisfaction. We’ll immediately advise you of any developments in your case, and keep you apprised of your options, as well as your prospects for success, so that you can make informed decisions about your future. We understand the importance of regular communication with counsel and will respond to all phone calls and emails as soon as possible.
For a private consultation with an aggressive Arlington medical malpractice lawyer, contact Bailey & Galyen online or call our offices at 844-402-2992. There is no charge or obligation for your first meeting.
What Is Medical Malpractice or Negligence in Texas?
Generally speaking, most personal injury claims, such as medical malpractice, are based on legal allegations of negligence. Under the legal theory of negligence, as it has evolved over the centuries, all persons in society, including medical personnel, must engage in reasonable behavior in all matters at all times. Furthermore, because of the high level of trust placed in medical professionals, as well as the potential consequences of carelessness in a medical matter, doctors and nurses are generally held to a higher standard of care.
What Is the Standard of Care in a Medical Malpractice Lawsuit?
In an ordinary negligence claim (such as a car accident or slip and fall, for example), the defendant is only required to use the same standard of care that a reasonable person would have in the same situation and under the same circumstances. In medical malpractice claims, however, the defendant must adhere to a higher standard, providing the same level and type of care:
- That a reasonably competent and skilled health care professional
- With similar background (training and experience)
- Would exercise in the same medical community
- Under the same circumstances
What Types of Medical Malpractice Are Most Common in Arlington?
The medical malpractice or negligence claims most often seen in Arlington include:
- Misdiagnosis or failure to diagnose a medical condition—Often due to failure to order reasonable tests or a misreading of lab results
- Failure to diagnose an illness or injury in a timely manner
- Surgical errors, including performing the wrong surgical procedure, operating on the wrong part of the body or leaving surgical tools or other items in a body cavity after surgery is completed
- Errors related to anesthesia or the prescribing of medication
- Birth-related injuries, from failure to properly monitor the mother and/or fetus to careless use of forceps or suction devices to hypoxia, Erb’s palsy or shoulder dystocia
What Must You Prove to Succeed with a Medical Malpractice Claim in Texas?
To demonstrate medical negligence in Texas, you must convince the jury, by the weight of the evidence:
- That the medical professional owed you a duty of care—You must show that you had a doctor-patient relationship with the defendant
- That the defendant did not exercise the required level of care—The standard is customarily established through the use of expert testimony. The jury will then determine whether the defendant’s conduct conformed to the standard of care
- That, as a consequence of the defendant’s failure to meet the standard of care, you suffered loss or injury—You must establish that the defendant’s carelessness actually caused your injuries and that the injuries you suffered were reasonably foreseeable as a result of the failure to exercise reasonable care.
- That you incurred actual losses—You cannot recover for any losses that were reimbursed or paid by insurance
What Losses Can You Recover in an Arlington Medical Malpractice Claim?
In any personal injury lawsuit, including a medical malpractice lawsuit, you have the right to seek remuneration for all your losses, such as:
- Lost wages or income
- Any unreimbursed medical expenses resulting from the medical malpractice
- Physical or emotional pain and suffering stemming from or related to the medical negligence
- The loss of companionship or consortium (the ability to enjoy close or intimate relations with family) you experienced as a result of your injuries
- Any loss of enjoyment of life, such as the ability to engage in ordinary acts of daily life or participate in activities/hobbies that previously brought joy, satisfaction or contentment
Is There a Time Limit for Filing a Medical Malpractice Lawsuit in Texas?
Yes. The Texas statute of limitation establishes how much time you have to take legal action after any type of medical malpractice or negligence. In Texas, the statutory period for filing a medical malpractice claim is two years from the date of the malpractice. That period generally starts when the malpractice occurs. However, it may be extended if your injuries were such that you could not reasonably discover them for some period of time after the actual negligence occurred. In such a situation, the two-year period for the statute of limitations will only commence once you should have reasonably discovered your loss. The statutory period may also be extended if you require ongoing treatment for the injury. One further note—Texas has a 10-year “statute of repose” on medical malpractice—you cannot file a medical malpractice action more than 10 years after the alleged mistake occurred.
How Can the Experienced Arlington Medical Malpractice Lawyers at Bailey & Galyen Help You?
At Bailey & Galyen, we will:
- Evaluate your medical malpractice claim swiftly and accurately, so that you can make good decisions about whether to pursue a settlement or take your case to trial
- Draft and submit all documents required to file a medical malpractice action and protect your rights
- Be a strong voice for you in all hearings, meeting or proceedings
- Determine the need for, hire and prepare any necessary expert witnesses, so that they present effective evidence to maximize your financial recovery
- Use their proven trial advocacy skills to present your case before a judge and jury
Contact Us for a Free Evaluation of Your Case
At the law offices of Bailey and Galyen, with offices throughout Texas, we are committed to your total satisfaction. Our phones are answered 24 hours a day, seven days a week. We can meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
To schedule a free initial consultation to discuss your medical malpractice claim, call our offices at 1-844-402-2992 or contact us by e-mail. We handle all medical negligence claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.