Get the Compensation You Need and Deserve after a Medical Error—Let Bailey & Galyen Help
You’ve been injured in an accident or you need medical treatment for an undiagnosed ailment, so you schedule an appointment and get treatment from a medical professional. Unfortunately, due to the carelessness or negligence of the doctor or nurse, your health doesn’t improve—it gets worse. That’s when you need the experienced Fort Worth medical malpractice lawyers at Bailey & Galyen.
At Bailey & Galyen, we bring more than four decades of proven experience to people across the state of Texas who have suffered injury or loss because of the wrongful acts of another person, including victims of medical malpractice or negligence. Over the past 40+ years, we have recovered hundreds of millions of dollars in verdicts and settlements for people across Texas who have suffered needless injury or loss because of someone else’s wrongful act. We build our successful medical negligence practice on commitments to hard work and unmatched client service and satisfaction. We’ll keep you involved and informed throughout the legal process, notifying you immediately of any developments in your case, so that you can make the right decisions about how you want to proceed. We understand the importance of regular communication with counsel and will respond to all phone calls and emails as soon as possible.
How Does Texas Define Medical Malpractice or Negligence?
As a practical matter, most personal injury claims, including medical malpractice, are based on the legal theory of negligence. Under the principles of negligence, as they have evolved over the centuries, all persons in society, including medical professionals, have a duty to act reasonably in all matters at all times. In fact, because of the trust placed in medical professionals, as well as the stakes involved, doctors and nurses are generally held to a higher standard of care.
In most negligence claims (such as a car accident or slip and fall, for example), the defendant must only exercise the same standard of care that a reasonable person would have used in the same situation. In medical malpractice claims, though, the defendant will be held 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 Are the Most Common Examples of Medical Malpractice of Medical Malpractice in Fort Worth?
Medical malpractice or negligence can include:
- Incorrectly diagnosing an illness or injury, often due to failure to order reasonable tests or a misreading of lab results
- Failure to timely diagnose an illness or injury
- Errors committed during a surgical procedure, including performing the wrong operation, operating on the wrong body part or leaving surgical implements or devices in a body cavity
- Medication or anesthesia errors, as well as prescription errors
- Birth injuries, from forceps or suction type injuries, to hypoxia, Erb’s palsy or shoulder dystocia and failure to monitor mother and/or fetus
- Failure to provide reasonable care under any circumstances
What Must You Show to Successfully Prove a Medical Malpractice Claim in Texas
To successfully argue medical malpractice in Fort Worth or elsewhere in Texas, you must demonstrate by the weight of the evidence:
- That you had a doctor-patient relationship with the defendant—This establishes that the medical professional owed you a duty of care
- That the defendant breached or failed to meet the standard of care—The appropriate standard is commonly established through expert testimony. The jury will ultimately determine whether the defendant’s conduct met or breached the standard of care
- That the defendant’s failure to meet the standard of care resulted in your 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 incurred actual losses—A party may not recover for any losses that reimbursed or paid by insurance
What Damages Are Available in a Fort Worth Medical Malpractice Claim?
In any personal injury lawsuit, you have the right to seek financial compensation for all your losses, such as:
- Wages or income lost because of your injuries
- Any unreimbursed medical expenses you incurred because of the malpractice
- Any physical or emotional pain and suffering resulting from the medical negligence
- 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
How Long Do You Have to File a Medical Malpractice Lawsuit in Texas
The amount of time you have to file a medical malpractice claim is set forth in the Texas statute of limitation. In Texas, you have two years from the date of the malpractice for file a complaint for damages. That period generally starts when the malpractice occurs but may be extended if the nature of your injuries were such that you would not reasonably discover them for some period of time. When that happens, the statute of limitations won’t start to run until you should have reasonably discovered your loss. Furthermore, the period may be extended if the injured person requires ongoing treatment for the injury. Texas does, however, set a 10 year “statute of repose” on medical malpractice, preventing any medical malpractice action more than 10 years after the alleged mistake occurred.
How Can a Fort Worth Medical Malpractice Lawyer Help You Get Full and Fair Compensation?
At Bailey & Galyen, our experienced Fort Worth medical malpractice attorneys will:
- Promptly and accurately evaluate your medical malpractice claim, so that you can make good decisions about whether to pursue a settlement or take your case to trial
- Prepare and file all documents necessary to initiate legal action and protect rights
- Serve as your advocate in all hearings, meeting or proceedings
- Retain any necessary expert witnesses and thoroughly prepare them, so that they can present the most compelling arguments for your full financial recovery
- Employ their considerable 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 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.