Frequently Asked Questions: Surgery Malpractice

Injury & Malpractice Attorney Serving Clients Near Dallas, Ft. Worth, Plano, Arlington, Irving, North Texas & Arkansas

If you have specific questions about your claim, our experienced medical malpractice lawyers can answer them during your free case evaluation. To schedule an initial consultation in Dallas or Little Rock, call Polewski & Associates at 972.230.6200 today.

How Do I Know if I Have a Valid Medical Malpractice Case?

Have your case reviewed by an attorney experienced in analyzing and proving surgery malpractice cases. The average attorney simply does not have the training and experience to recognize a surgery malpractice case when they see one. Each year doctors get away with thousands of cases of surgery malpractice because a lawyer doesn't know how to recognize or prove medical malpractice.

What Will This Cost Me?

Nothing. Our Dallas and Little Rock 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.

Will This Be Hard on Me or My Family?

Absolutely not. We take good care of our clients. You and your family will be safe and protected—always. We will do all the work in your case.

How Much is My Surgery Medical Malpractice Case Worth?

The value of any 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 Surgery 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--and in your case tomorrow may be too late.

DON'T DELAY! We have seen too many cases lost because the injured patient thought she had more time than she did. You may need to act as soon as six months from the date of your treatment. Critical evidence can be lost every day. There is no reason to wait, and the consultation with us is free.

Our Dallas and Little Rock 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.

Should I Feel Bad About Suing My Doctor?

Not if your doctor hurt you or your family by medical malpractice. All doctors and all hospitals have medical malpractice insurance precisely to compensate people they hurt if they make a mistake. Your suit doesn't hurt them at all--it just costs their insurance company money.

Suing a doctor for medical malpractice is no different than suing another driver for being negligent and causing a car wreck. Do you think your doctor would hesitate to sue you if you ran a red light and hit his car? Of course not. Doctors who run "medical red lights" and break the rules of their profession are subject to our laws and our courts just like anybody else.

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 Surgery Malpractice Made a Difference to the Outcome of My Case?

Sometimes the answer to that question is pretty obvious. If a doctor cuts the wrong thing, or leaves a pair of scissors in your body during surgery, it's clear to anybody that his mistake made a difference. Sometimes it isn't so clear, like in cases where a diagnosis was delayed and earlier treatment might not have cured the disease. In most cases, the best way to know is to have your case reviewed by medical malpractice lawyers and medical experts who will tell the truth about what happened. 

At Polewski & Associates, our Dallas and Little Rock medical malpractice team has decades of experience handling these complex cases. One of our lawyers is also a 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, we'll find it, and we'll give you the straight truth.

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