Medical malpractice claims are some of the most difficult to win. They are highly complex and require the assistance of an attorney with extensive understanding of the medical principles involved. Due to the long time period for completion, large up-front expenses incurred, and difficulty of proving liability in medical malpractice claims, many attorneys will only accept a case if they believe it has a strong likelihood of winning a substantial settlement.
There are several factors which must be evaluated in determining if you have a medical malpractice claim worth pursuing. The most important factor is liability.
In order to prove liability, you will need to demonstrate that the medical professional provided negligent care which failed to meet accepted standards put forth by the medical community. A poor outcome for your procedure does not necessarily imply negligent care. You will need to demonstrate that the poor outcome could have been prevented if the medical professional had provided care commensurate with accepted standards.
However, it is not enough to prove that your doctor's care was negligent. In order for the doctor to be held liable for your damages, you also need to prove that the negligent care directly resulted in your injury or worsened your condition.
Once you have established liability, you will need to demonstrate that you have suffered damages. These can include:
- Medical expenses
- Long-term care
- Lost wages
- Pain and suffering
The extent of damages will be determined by your unique individual situation. For example, if your injury prevents you from ever performing your job again, you may be entitled to more damages for lost wages than someone who can eventually resume the performance of all regular work responsibilities.
The medical malpractice lawyers at Polewski & Associates can help you receive the compensation you deserve if you have suffered an injury caused by a medical error. At your initial consultation, we will thoroughly review the details of your case to help you determine how best to proceed.
Please contact our Dallas medical malpractice lawyers today to schedule your free initial consultation. Polewski & Associates serves clients in Dallas, Desoto, Duncanville, Midlothian, and Waxahachie, Texas.