Questions about Medical Malpractice

Serving Dallas and North Texas

How do I know if I have a valid medical malpractice case?

The only way to find out is to have your case reviewed by a medical malpractice specialist. The average person (and the average attorney) simply does not have the training and experience to recognize a malpractice case when they see one. Each year doctors get away with thousands of cases of medical malpractice because the wrong people are reviewing the case, or because a lawyer who is not a medical malpractice specialist makes a mistake which results in the case being lost.

What will this cost me?

Nothing. Our Dallas medical malpractice lawyers work on a contingency fee basis, which means that we only get paid if you do. We will review your case free of charge. If we proceed with your case, our fee will be taken from the money we recover for you. If you do not recover damages, we do not get paid.

How much is my medical malpractice case worth?

The value of any medical malpractice claim is dependent on a variety of factors that are unique to the specifics of the case. We cannot give you an estimate as to what your case will be worth until we have examined all of the evidence and spoken with all witnesses involved. Our experienced lawyers will be happy to provide you with a free consultation in order to assess the value of your claim and advise you as to the best way to proceed.

How much time do I have to file my medical malpractice claim?

As a general rule, you have no more than two years to file suit from the date that the medical malpractice occurred. But that is only a very general rule. Our Dallas medical malpractice lawyers know the complex statutes of limitations governing these claims, and we will make sure your case is filed by all appropriate deadlines.

What is medical malpractice?

Under Texas law, medical malpractice is negligent conduct by a doctor, nurse, hospital, or other health care provider. In order to achieve a successful outcome to your case, you must prove that the medical professional "failed to do that which a doctor of ordinary prudence would have done under the same or similar circumstances."

Can I sue a doctor or hospital for medical malpractice just because a treatment or surgery didn't cure my problem?

No. Doctors and other health care providers have a duty to act prudently and pay attention to what they are doing, but they aren't expected to be perfect or to perform miracles. Just because there was a bad result from medical treatment does not mean that the doctor is guilty of medical malpractice. For a medical malpractice case to be successful, a patient must prove that the bad result was due to the doctor's negligence. If the doctor was not negligent, then there is no medical malpractice case no matter how bad the result of the treatment.

So I have a case if the doctor made an inexcusable mistake?

Maybe. Proving that a doctor committed medical malpractice is half of what a patient needs to prove. The other half of a medical malpractice case is proving that the doctor's mistake is what caused your injuries. A doctor can be negligent, but that does not necessarily result in additional injuries. For example, if a doctor fails to diagnose cancer in a patient whose cancer has already progressed to the point that it will surely kill him, the patient has not suffered any additional injuries from this malpractice. As a result, the patient would not have a valid medical malpractice claim against the doctor.

How do I know whether my doctor's medical malpractice made a difference to the outcome of my case?

The only way to know is to have your case reviewed by medical experts who will tell the truth about what happened. Your doctors, fearing that you will sue them, won't tell you. At Polewski & Associates, our Dallas medical malpractice attorneys have decades of experience handling these complex cases. One of our lawyers is also a licensed medical doctor, and we have contacts with top flight medical experts who will investigate your case to uncover the truth. If there was medical malpractice which caused your injuries, we will be able to tell you.

Please contact Polewski & Associates today to schedule your free initial consultation. We serve clients in Dallas and throughout North Texas.