Luke Dow Law Firm

5 Essential Steps in a Medical Malpractice Claim – Advice from an Austin Injury Attorney

By Luke Dow on April 12, 2016

Despite advancements in health-care technology, medical malpractice continues to cause thousands of deaths every year in the United States. Malpractice can happen at any stage of the treatment process. According to, common examples include:

Female medical doctor working with virtual interface. Modern medical technologies concept

  • Surgical errors;
  • Birth injuries;
  • Mistakes in emergency rooms;
  • Robotic surgery mistakes;
  • Prescription mistakes;
  • Errors when administering medication;
  • And anesthesia mistakes.
As the U.S. National Library of Medicine explains, medical malpractice is a complex branch of injury law. The process of recovering compensation is rarely straightforward. Expert testimonies, independent medical evaluations and other evidence may be necessary to prove a claim.

If you suffered a medical complication due to the negligence of a doctor, surgeon, nurse, pharmacist or another health-care worker, contact the Luke Dow Law Firm. Mr. Dow is a personal-injury lawyer in Austin who can assess your case to determine if you may have a legitimate claim. You may be entitled to compensation for lost wages, medical bills and other damages.

Call 512-518-4104 to schedule a consultation. Until then, read on to learn five essential steps in a medical malpractice claim:

  1. Schedule an appointment with your doctor.
The first step to take if you notice a medical complication is to discuss the situation with your doctor. Your physician may be willing to provide treatment for free.
  1. Learn about the medical malpractice claims process.
Medical malpractice is a complex area of injury law, and a small mistake could compromise your ability to recover compensation. It is critical that you learn everything you can about the claims process. Although the Internet provides some useful information, there is no substitute for the guidance of a personal-injury lawyer.
  1. Consult a personal-injury lawyer as soon as possible.
There is a statute of limitations on health-care liability claims, meaning that you must make your claim within a set timeframe. According to the Texas Civil Practice and Remedies Code, you cannot file later than two years from the date of the injury or the date you discovered it. If you miss this deadline, then you will not be able to claim compensation.
  1. Complete an independent medical exam by another doctor.
An independent medical examination will confirm the existence and severity of your injury. It may also help your injury attorney prove negligence and liability.

The defense will likely request that you take an independent medical examination, and you should comply. Unfortunately, the findings of IMEs often support the interests of the hiring party, so your personal-injury lawyer may arrange another IME.

  1. Calculate the damages.
Your injury attorney can help you quantify the damages. You may be entitled to compensation for time off work, health-care bills and other damages related to the incident.

It is critical that your settlement includes compensation for future medical expenses and the loss of future earning capacity. Otherwise, you may fall into overwhelming debt.

If you were injured by a medical professional in Texas, contact the Luke Dow Law Firm. Mr. Dow is an Austin injury attorney who can handle the legal side of your lawsuit so you can focus on recovery. Call 512-518-4104 to schedule a consultation.



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