Fort Worth Brain Injury Lawyers
Fort Worth accident attorneys assist victims of brain injury caused during medical procedures.
When you think of brain injuries, car accidents, sporting injuries, or workplace mishaps probably come to mind, but brain injury also occurs during surgical procedures that have gone bad, or as a complication of a treatment recommended by a medical professional during care in Fort Worth Texas. A surgical brain injury could result in a lifetime of medical care and rehabilitation, or institutionalized treatment that will negatively affect an entire family if a loved one needs 24-hour care. Experienced brain injury attorneys in Forth Worth Texas understand how medical malpractice must be proven in order for damages to be paid that may defray the exorbitant costs of long term rehabilitation, or institutionalized care in Texas.
Brain injury occurrences from medical malpractice may include:
- Medication error,
- Surgical and post-surgical error,
- Anesthesia complications, hypoxia,
- Birth injuries,
- Failure to maintain blood pressure during surgery,
- Intracerebral hemorrhage,
- Subarachnoid hemorrhage,
When medical malpractice, or care treatments result in brain injury, or untimely death, victims, or their loved ones may require experienced assistance from brain injury lawyers in Forth Worth at The Cooper Law Firm. Legal counsel is an advocate for victims as they can research evidence to prove that a health care provider’s negligence caused the brain damage. When fault can be proven, brain injury victims may be positioned to recover the necessary compensation they will need to address life changes that may be long lasting, or permanent and include specialized treatment, housing modifications, and career retraining in cases where residual disability is not too severe, but there are times when wrongful death may be the outcome.
In Texas, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused an untimely death. Compensation may cover:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages relevant to life expectancy compensation,
- Compensation for pain and suffering,
- Punitive damages based on each individual case.
Elements of medical negligence for brain injury.
Building a case for a brain injury will be contingent on the type of harm and resultant damages, and how those harms impact the future of the victim and their loved ones. A competent personal injury attorney in Forth Worth Texas can be instrumental in proving medical negligence when the brain injury was caused by medical treatment predicated on four elements including:
- Duty – When a doctor and a patient establish a professional relationship, the doctor has a responsibility to provide a duty of care relevant to current medical practice standards in each medical field.
- Breach of duty – Doctors take the Hippocratic Oath that obliges them to provide the best treatment possible to patients. If they do not fulfill that duty they are in breach of that relationship.
- Injury – Injury, or causation of actual harm caused to a patient by a health care provider, including actual cause and proximate cause. The harm must be directly related to the doctor’s failed duty of care with resultant injury.
- Damages – Consist of the monetary compensation for the harm caused by a doctor’s negligence. In order for a medical malpractice case to stand up in court, the injury or harm caused must be able to be remedied by money.
Lawyers who are building a winning strategy for a medical malpractice case, must prove all of the elements of negligence.
When a Fort Worth brain injury attorney is successful with insurance carrier communications, a claim award may address the losses that include expenses for medical treatment, future medical expenses, changes in life expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection. Negligent acts that result in harm, or injury to other persons are at the root of Texas personal injury litigation in pursuit of economic, and non-economic damages. In addition, Texas law allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was found to be reckless, intentional, egregious, and harmful, resulting in the injury, or wrongful death of a person.
Insurance specifically for medical practitioners including surgeons and physicians is called medical professional liability (MPL) insurance. If a patient, or their family claims medical negligence, or files a medical malpractice lawsuit, this insurance protects medical workers financially and provides a means for victims to recover compensation for harmful losses. It protects the physician if a patient alleges that the physician failed to provide them with the proper treatment, made a mistake during the treatment, or omitted an important part of the treatment.
Texas medical malpractice actions occur when a person is injured while under the care of a licensed health care professional. Legal action must be filed within the two year statute for injury, but always check with a medical malpractice attorney to ascertain if there are deviations from that timeline. Punitive damages are capped at either two times the amount of compensatory damages plus the non-economic damages found by a jury not to exceed $750,000, or $200,000, whichever is greater.
Legal action after brain injury.
Brain injury lawyers at The Cooper Law Firm in Fort Worth have the experience to research all relevant accident and malpractice laws with a focus on each unique case, and can digest that information in support of a case, while tracking the appropriate agency review and court filing timelines relevant to comprehensive award judgments.
Traumatic brain injury may require long term rehabilitation and expensive medical care that may go beyond medical malpractice insurance policy coverages. Families may have to make major life changes including the cessation of employment to care for brain injured loved ones. A brain injury attorney can help victims navigate their way through insurance claims for costly brain injuries resulting from medical negligence.
Cooper Law Firm
N. Eric Cooper
Address: 621 Hemphill St,
Fort Worth, TX 76104
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035