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What Are the First Steps in a Medical Malpractice Case? Austin Personal-Injury Lawyer Explains

By Luke Dow on December 21, 2015

If you believe that a doctor or medical provider has caused you harm due to a preventable error, then you may have grounds for a medical malpractice claim. However, proving malpractice is a legally complex endeavor, which is why you should contact a personal-injury lawyer as soon as possible.

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There are many forms of medical malpractice, including delayed diagnosis, anesthesia mistakes and medication errors. If you were a victim of a health-care worker’s negligence in Texas, then contact the Luke Dow Law Firm.

As an Austin personal-injury attorney, Luke Dow can evaluate your case to determine if you may have grounds for a lawsuit. Call us today at 512-518-4104 to schedule a consultation.

In the meantime, read on to learn the first steps in a malpractice case:

  1. Contact Your Doctor
It is important to contact the doctor or medical professional as soon as you believe something is wrong. During this consultation, try to find out what happened and if there is a way to resolve the issue. You may find that the complications are not serious and your doctor is willing to provide treatment for free.
  1. Contact a Personal-Injury Attorney
It never hurts to hear the input of a medical malpractice attorney. He or she can evaluate the incident to determine if you may have been the victim of malpractice. Your lawyer can also provide guidance that will help you bring a claim if you cannot resolve the issue with your doctor.
  1. Check the Statute of Limitations
Make sure your claim falls within your state’s statute of limitations. According to the U.S. National Library of Medicine, you have two years to file your malpractice suit in the state of Texas. If you fail to bring a claim within this time limit, then it is likely that the court will refuse to hear your case.
  1. Get a Medical Assessment
It may be necessary to get a medical assessment to prove that you were the victim of medical malpractice. Your lawyer should be able to organize an independent medical examination.
  1. Consider a Settlement
You may be able to settle your medical malpractice matter outside of court. This will save both you and the doctor a lot of time and money. Your personal-injury attorney can help you determine if settling would be a smart decision.

Was I the Victim of Medical Malpractice?

Just because your surgery or treatment was unsuccessful does not necessarily mean that you were the victim of medical malpractice. These claims usually involve a health-care worker who makes an error that another professional in the same field would not have made. Common examples of medical malpractice include:

  • Leaving surgical tools inside patients;
  • Birth injuries;
  • Prescribing the wrong medication;
  • Operating on the wrong patient;
  • Operating on the wrong part of the body;
  • Anesthesia errors;
  • And delayed or incorrect diagnosis.
If you were a victim of medical malpractice in Texas, then contact the Luke Dow Law Firm for advice. Mr. Dow is an Austin personal-injury lawyer who can guide you through the claims process. Call us today at 512-518-4104 to schedule a consultation. To learn more about medical malpratice, visit http://medical-malpractice.usattorneys.com/texas/.

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