Steps to follow to request compensation for medical malpractice


There is a difference between a human error and medical malpractice. Compensation for medical negligence may occur only when the injuries suffered by the patient are caused by the bad practice of medicine.

In recent years, claims for medical negligence have increased has injured patients try to recover for what has happened to them.

Once the patient is sure that his or her physical or psychological injuries resulted from medical negligence, a series of steps must be taken to file a claim and try to receive compensation.

The process of claiming compensation can be long and complicated. For this reason, it is important to have the support of legal professionals. An experienced attorney will evaluate the case to determine if there is a viable case of medical malpractice and the attorney will follow the necessary procedures to file a claim (complaint to the hospital, administrative claim, civil lawsuit, negotiations with insurance companies, etc.).

Statute of Limitations Deadline

The biggest mistake a patient can make is waiting too long to file a medical malpractice lawsuit. Statutory time limits require patients to file legal claims promptly. The time limits vary by state, but they can be even  shorter than one year from the date the treatment mistake was made.

Before starting the process it is necessary to collect all the information regarding the case:

-Reason why the patient initially went to the hospital.

-Procedure, or lack of necessary medical care, to which he was subjected.

-Injury suffered during this procedure (or suffered because of lack of proper care) the evolution of the injury, treatment received and any other aspect that may be of importance.

With all this information, a claim must be filed against the responsible physician(s) and/or the hospital.

If there is no response to the claim or if the resolution offered is not fair, a lawsuit may be the next step.

The legal procedures are usually slower than what most people expect, and, even more in the case of medical negligence. Be prepared to face several months or even years of litigation as you and your attorneys try to get you the monetary recovery you deserve.

As part of the process, an expert must confirm and document the medical negligence and the damages suffered by the patient. To reach this point, he will carry out an exhaustive study of the situation and a recollection of the events that happened.

The expert’s report is usually one of the most important pieces of evidence in these cases, the timeframes by which you must get such a report finished are very particular, and the judges and jury may base much of their decision on this.

Demonstrating medical malpractice can be very tedious and complicated.  Because of this, it is important to consider working with a professional who will inform you and guide you on the steps to follow. Although the amounts received as compensation for medical malpractice vary, of course no amount of money may live up to the physical and psychological damage suffered.

Below are the six most common causes of medical malpractice:

Errors in surgical interventions

Surgical interventions are a sensitive matter and can endanger the life or health of the patient. The risks and possible consequences of surgeries need to be communicated to patients so they can give their consent by signing before the surgery can be performed.

Still, if damages or injuries occur due to the bad practice of the doctor or medical team that performs the intervention, a patient may be entitled to compensation. Some examples of these mistakes are:

-Damaging nerves during the intervention.

-Leaving surgical instruments inside the body.

-Performing the surgery in the wrong place.

If you don’t feel well after the surgery you should visit a doctor as many times as needed to feel better. The doctor should subject the patient to a treatment plan. If this situation doesn’t improve after what is considered normal recovery time, then this could be negligence.

Mistakes in the diagnosis

An error in the diagnosis can cause consequences and some of them may be very serious. It should be kept in mind that these errors can be produced by incorrect utilization of technology or by not having used all the available procedures to find the precise diagnosis.

Failure to prescribe appropriate medications

Negligence occurs when the doctor prescribes inappropriate medications. These medications may not harm the body, but sometimes they cause irreversible damage or delay recovery time.

Errors during cosmetic procedures

Cosmetic surgery is one of the fields where negligence occurs more often. Surgeries in general always carry risks and side effects (hospitalization, recovery, pain, etc.). For this reason doctors must be very specific in communicating with patients about the procedure that is going to be performed.

If injuries or serious side effects are experienced after an aesthetic surgery, these can be claimed as medical malpractice.


Objects or instruments that are used in treatments, and are not properly sterilized or well preserved, can transmit infections or diseases.

Not all infections or diseases will be grounds for medical negligence.   An experienced attorney should carefully evaluate each situation.

Infectious blood transfusion diseases

These cases occur when a blood transfusion is performed and the blood that enters the body contains some disease or infection.

What can you do?

We want these tips to help you understand the medical malpractice claim process. If you think you were subjected to medical malpractice, you should consider hiring a Texas lawyer to fight for your case.

Contact our lawyers at 832-481-3427. Get in touch with us immediately so we can evaluate your case for free. We are available 24 hours a day, 7 days a week. You can also fill out a form by clicking here.

PMR Law is considered one of the Best Law Firms of America, by Rue Ratings. Several of our attorneys have been given the honor of being named Super Lawyers by Thomson Reuters. The American Institute of Personal Injury Attorneys has named our attorneys 10 Best in Client Satisfaction. Speaking of personal injury, Attorney and Practice Magazine awarded our attorneys with Top 10 Personal Injury Attorney distinctions. The National Trial Lawyers, as well as the American Academy of Attorneys, have named two of our attorneys as Top 40 Under 40. Our attorneys have been recognized as Best Attorneys of America, by Rue Ratings. PMR Law is a proud member of the Multi-Million Dollar Advocate Forum.