Your Health Is Our Priority | Experienced Medical Negligence Attorneys
When you seek medical attention for an injury or illness, you expect, at a minimum, that your condition won’t worsen as a result of the care your receive. Unfortunately, medicine has increasingly focused more and more on profit, and less on the quality of care. If you’ve suffered needless injury at the hands of a doctor, nurse or other medical professional, the Dallas medical malpractice lawyers at Bailey & Galyen can help.
At Bailey & Galyen, we bring more than 40 years of proven experience to people across the state of Texas who have suffered injury or loss because of medical malpractice or negligence. In our decades in practice, we have recovered hundreds of millions of dollars in compensation for people who have been hurt because of someone else’s carelessness or wrongful acts. We understand that the keys to a successful outcome are hard work, dedication and a commitment to listen, so that we have a clear idea of your needs. We strive to be available and accessible whenever you have questions or concerns.
To schedule an appointment with an aggressive Dallas medical malpractice lawyer, contact Bailey & Galyen online or call our offices at 972-449-1241.
What Is Medical Malpractice or Negligence?
Though you can always recover compensation when another person intentionally or reckless causes you injury, most personal injury claims, including medical malpractice, are based on the legal theory of negligence. The concept of negligence establishes a duty, by all persons in all their actions, to act reasonably, so as to minimize the risk of injury to others. The same principle applies to medical professionals, though the standard of care that must be exercised is significantly higher.
In an ordinary negligence claim (a car accident or slip and fall, for example), the defendant must only act as a reasonable person would. In a medical malpractice claim, however, the defendant is held to a higher standard. He or she must exercise the 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
Examples of Medical Malpractice |The Common Types of Medical Malpractice in Dallas
Medical malpractice or negligence can take a wide range of forms, including:
- Failure to diagnose an illness or injury
- Misdiagnosis of an illness or injury
- Surgical errors, such as performing the wrong operation, operating on the wrong body part or leaving a surgical tool in a body cavity
- Medication or anesthesia errors, including prescription errors
- Birth-related injuries, including forceps or suction type injuries, hypoxia, Erb’s palsy or shoulder dystocia and failure to monitor mother and/or fetus
- Failure to provide reasonable care
The Elements of a Medical Malpractice Lawsuit in Texas
To successfully litigate a medical malpractice claim in Dallas or anywhere in Texas, you must prove the following by the weight of the evidence:
- That the defendant medical professional owed you a duty of care—you must establish a doctor-patient relationship
- That the defendant did not meet the standard of care—The standard is typically established through expert testimony. The jury will determine whether the defendant’s conduct met or breached the standard of care
- That the breach caused you to suffer loss or injury—You must show that the failure to meet the standard of care actually caused your injuries and that the injuries suffered were reasonably foreseeable as a result of the defendant’s misconduct
- That you suffered actual losses—You may not recover for losses that are covered by insurance or otherwise paid
Damages You Can Recover in a Medical Malpractice Claim
In a medical malpractice claim, as with any personal injury lawsuit, you have the right to seek compensation for:
- Any lost wages or income resulting from your injuries
- Any unreimbursed medical expenses related to your injuries
- Any pain and suffering you incurred because of the malpractice
- Your loss of companionship or consortium (the ability to enjoy close or intimate relations with family) because of your injuries
- Your loss of enjoyment of life, including the ability to engage in ordinary acts of daily life or activities/hobbies that previously brought joy, satisfaction or contentment
The Statute of Limitations for Medical Malpractice in Texas
The statute of limitations identifies the time period during which a legal claim may be filed. In Texas, the general statute of limitations on medical malpractice is two years. That period typically starts either when the malpractice occurs or when a person actually discovers (or should reasonably have discovered) the malpractice. Furthermore, the period may be extended if the injured person requires ongoing treatment for the injury. However, Texas does impose a 10 year “statute of repose” on medical malpractice, preventing any legal action more than 10 years after the alleged mistake occurred.
How Can a Dallas Medical Malpractice Lawyer Help You?
The experienced Dallas medical malpractice attorneys at Bailey & Galyen can:
- Quickly and accurately assess your potential medical malpractice claim, so that you can make good decisions about seeking a settlement or taking your case to trial
- Prepare and file all documents required to protect your legal rights, and act as your advocate in all hearings, meeting or proceedings
- Secure the services of necessary expert witnesses and prepare them to present compelling arguments for your full financial recovery from any losses
- Use their proven courtroom skills to effectively advocate for you at trial, if necessary
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 972-449-1241 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.
Bailey & Galyen Attorneys at Law – Dallas Office
2777 North Stemmons Freeway, Suite 1150
Dallas, TX 75207
Phone: 972-449-1241
