Last Updated on June 26, 2019 by Michelle Wan

What does a medical malpractice case consist of?

Unskilled, improper or negligent treatment of a patient by a hospital, nurse, dentist, physician or other healthcare professional. Negligence is the dominant theory of liability concerning allegations of medical malpractice. This type of litigation is part of tort law. What does tort mean? Taken from the dictionary: a civil wrong arising from an act or failure to act, independently of any contract, for which an action for personal injury or property damages may be brought.

Do I have a case?

You must prove that there was a violation in the standard of care, an injury was caused by the negligence and the injury resulted in significant injury, death, or damages.

What is my next step?

The next step can feel daunting, but it really isn’t. Contact a medical malpractice lawyer. If you find a lawyer that cares about your personal situation and helping you achieve your same common goal; which is justice for you or a family member. It is best if you have your medical records, but these are obtainable so if you don’t have them, don’t worry. I used to think that if a person didn’t have all the facts that they are turned away or blown off and this simply isn’t true. A good lawyer and legal assistant will get what is needed for you in the event you are missing these documents. Once we have these documents, we have an expert review and give us feedback on where your potential case has the most blame. Basically, was it the doctors, the nurses, the hospital, all of the above? Who should we go after, if anyone? Sometimes there isn’t a case and although this is frustrating, it is part of taking this step.

Is there a cap on how much you can recover in Texas?

The answer is, unfortunately, yes. Texas passed laws that limits or “caps” the amount a plaintiff can receive in a medical malpractice case. To me it all sounded controversial, why should they have this right, if they were negligent? Why are they protected? I have learned a lot about this topic. Let us talk you down from that same ledge I was on. Despite the caps, there is still hope. The lawyers I work for are great at seeing who is best to sue, the hospital or the doctors or both. Please call us today and we will answer any questions you may have.

With so many options how do I choose the right law firm?

For me, when you look online, it is overwhelming. My head was spinning–who should I trust with my case? For me personally, I like a web page that makes you feel warm and inviting. I also wouldn’t just judge by a page, make a phone call. Do you get someone directly, do you have to leave a message? Do you get blown off for days? The one thing about Thomas & Wan, LLP, I personally have seen with my own eyes is the caring. You aren’t a dollar sign. From the beginning you are treated like you should be. Someone will always call you back and be there to answer any questions you have. Please contact 713-529-1177. You won’t be sorry you did.