For most people, surgery is stressful. It is very hard on the body. You rely on your doctor and his or her team to handle any problems that arise during the operation. Afterward, you and your family may feel immense relief that a surgery went well and that you are in recovery. However, you may not be free from risk yet. In some cases, even when the procedure itself goes well, post-surgical errors are made. Infections or complications may result from these errors, causing the need for further medical procedures. If you are the victim of a post-surgical error at a Dallas health care facility, you can contact the experienced medical malpractice attorneys at Feizy Law Office for assistance.Pursuing Compensation from a Negligent Physician or Hospital
When a surgeon or nurse fails to meet the level of care that another surgeon or nurse in the same specialty would exercise under the same circumstances, and a patient is harmed as a result, the health care professional likely has committed medical malpractice. The duty of care varies depending on the particular patient and the surgery involved. Even after a procedure is over, a doctor and his or her staff must use reasonable care to make sure that healing and recovery happen appropriately. For example, after an angioplasty, staff and surgeons must look out for stent blockage and unusual bleeding. Post-surgical EKGs require careful review, even months after the surgery.
If a post-surgical error causes you harm, you will need to file your lawsuit within two years. Before filing a lawsuit, your attorney will need to consult an expert and review records to make sure you have a case. Within 120 days of filing suit, plaintiffs are required to provide expert reports that address why the physician or other health care provider is liable, as well as the causal link between the alleged malpractice and the injuries. There is a 30-day period to correct any deficiencies in the report, but if the report is not corrected or no report is filed, a court may dismiss the malpractice claim.
If you successfully establish malpractice, you likely can recover compensatory damages that may include medical bills, lost income, loss of enjoyment, and pain and suffering. Texas law caps damages awarded in lawsuits against an individual health care provider at $250,000 in non-economic damages. When there are multiple health care institutions as defendants, the cap is $250,000 for non-economic damages for any one defendant, with a total of $500,000 for all defendants. Punitive damages are limited to $200,000 or twice the compensatory damages up to $750,000. A wrongful death claimant is limited to recovering $500,000 in damages. These amounts are adjusted for inflation over time.Consult a Knowledgeable Injury Attorney in Dallas
People who have been hurt due to post-surgical errors by health care providers in the Dallas area may have rights to assert. The injury lawyers at Feizy Law Office can explore your options with you. Due to the pre-suit procedures and the need for expert opinions and testimony, medical malpractice cases can be particularly challenging. This makes it critical to enlist a knowledgeable legal professional. Call Feizy Law Office at (214) 651-8686 or reach us via our online form to set up a free consultation. We also represent accident victims in other Texas cities, such as Fort Worth, Garland, Arlington, Irving, and Plano.