Holding Negligent Hospitals & Medical Professionals Responsible
American hospitals are some of the most advanced, well equipped, and best staffed in the world. When you enter one of these facilities, you have every reason to believe you’ll receive competent care. Unfortunately, even with our excellent healthcare facilities, this is not always the case.
The statistics about medical and hospital malpractice aren’t exact. Healthcare facilities in the United States treat millions of patients each year. With numbers that high, there are bound to be many, many cases of hospital negligence and malpractice.
Medical malpractice lawsuits in Dallas can be complex and lengthy affairs. If you feel you have grounds for a malpractice lawsuit, it’s important you consult an experienced attorney. The Law Office of W. T. Johnson has represented malpractice victims since 1987. We’ve recovered over $110,000,000 for our clients.
Call us today at (800) 738-4046 for a free case evaluation.
How Common is Malpractice?
Malpractice may be more common than many of us think. According to the Journal of the American Medical Association (JAMA), medical negligence ranks as the third leading cause of death in this country, behind heart disease and cancer. Studies estimate from 180,000 to 440,000 people die each year due to medical negligence. In 2012, medical malpractice payouts totaled over $3 billion.
Definition of Medical Malpractice
Medical malpractice happens when a patient is harmed during the course of treatment by the negligence of a healthcare professional or entity. The poor outcome of a treatment isn’t necessarily grounds for a malpractice claim. Negligence must be involved.
Who is Liable in a Hospital Malpractice Suit
Liability in hospital malpractice suits can be tricky. Technically, a hospital can only be sued for malpractice if the negligent act is committed by an employee of that hospital. Hospital employees are usually orderlies, nurses, pharmacists, etc. If a nurse negligently gave a patient an incorrect medication, the patient or their family could file a malpractice claim against the hospital. But remember – not every medical professional who treats patients at a hospital is a hospital employee.
Most doctors ARE NOT considered hospital employees. While your personal physician may be treating you at a hospital, they are not an employee of that hospital. Most doctors are independent contractors who use hospital facilities to treat their patients. For instance, if your orthopedist performs a knee operation on you, but performs it on the wrong knee. In such a case, a hospital cannot be held liable unless the nurse who admitted you incorrectly wrote down which knee was to be operated on.
Caps and Statutes of Limitation
Laws about medical malpractice claims vary by state. In Texas, how much an injured party can be awarded depends on who the claim is against, what kind of damages are being sought, and whether the injury resulted in death. Texas also has a statute of limitations requiring the injured party to file a malpractice claim within two years of the injury taking place. If the exact date of the injury can’t be determined, the statute of limitations is two years from the time the initial treatment concluded.
Contact a Dallas Hospital Malpractice Attorney for a Free Consultation
As you can see, malpractice lawsuits are far from simple and there is a lot of fine print involved. To determine if you have a malpractice claim, you need to consult an personal injury attorney.
The experienced lawyers at The Law Office of W. T. Johnson will examine your case and let you know what your options are. We can also represent you throughout every phase of litigation and see you get the best outcome possible.
Call our Dallas injury attorneys today at (800) 738-4046 for a free case evaluation. We’re here to help.