An accurate and timely diagnosis
An accurate and timely diagnosis can literally be the difference between life and death, whether talking about brakes on your car or healthcare for your physical body. Doctors are trained to diagnose conditions as soon as possible, while that’s quite a daunting task, it’s experience and training that that will produce the best results, a lack of those will slow the process and lead to a misdiagnosis. Even some of the best trained and most experienced can make a mistake, that’s human nature, but it’s also a possible medical malpractice case.
Accurately diagnosing cancer in its early stages can often lead to treatment that may cure it if caught early enough. Diagnosing strokes and heart attacks will in more cases than not, open the door to receiving the exact treatment necessary to save a person’s life.
What about a case involving HIV?
What about a case involving HIV? A man in Boston recently received an $18.4 million settlement from a medical malpractice lawsuit because he wasn’t diagnosed early enough to be able to timely treat the condition before the HIV had accelerated. That’s horrific, the saddest part is it would have turned out differently if he had received an accurate and timely diagnosis of his HIV.
Medical Malpractice Caps in Texas
The caps (maximum payouts) for a Medical Malpractice lawsuits in Texas prevent damages from getting too high. Damages fall into two categories, economic damages, and non-medical damages. The medical malpractice caps are only enforced on non-economic damages.
Economic Damages: Are related to medical bills and expenses, past lost wages future lost wages things that are relatively easy to put a dollar amount to.
Non-Economic Damages: Are related to items such as pain-and-suffering, or mental anguish, or disfigurements, or impairments. Such damages are much harder to assess and put dollar amounts on.
So the non-economic damages in Texas are capped to a single hospital’s negligence at $250,000 and two or more hospital’s negligence have a $500,000 cap.
Negligence of Doctors, Nurses, Physicians, Pharmacists, aids or basically any human healthcare providers as opposed to non-human providers ie. hospitals have a $250,000 cap total, regardless of the number of individual doctors etc that contributed to the negligence. It also includes the number of plaintiffs in the same case, for example, the pain-and-suffering of the spouse and children. It all has a global cap of $250,000 for the entire non-economic damages and everyone who has suffered them.
Confused? Help is just a phone call away…
Dan Street Attorney and Counselor is a qualified and experienced medical malpractice attorney in the Dallas area. Dan has successfully fought for and received awards in excess of tens of millions of dollars for the 35 years he has been practicing law. There is never a fee from STREET LAW FIRM until we successfully resolve your case. Contact our office if you or a loved one feel your medical case has been acted upon negligently or irresponsibly.