5 Common Medical Malpractice Questions

Were you injured by the hands of a medical professional? Read these 5 common medical malpractice questions, then call our attorneys today.

1) How much does it cost to file a medical malpractice claim?

5 Common Medical Malpractice QuestionsA lot of people think Texas medical malpractice cases, by their very nature, involve expensive lawyers. I’m going to tell you right now, beware. I’ve had people call me and say, “I ran my medical malpractice case by this lawyer and he said he needed $5,000 to look at it. I paid him but he said I didn’t have a case.” That lawyer wasn’t looking out for you.

A good medical malpractice lawyer in the state of Texas should be on a contingency fee. That means they don’t earn a penny unless they win your case. That means you don’t pay a dime of the filing fees, of the depositions, or of the expert witnesses; that law firm does. An experienced medical malpractice lawyer knows it’s expensive, it’s a long process, and you can’t afford it. Only hire a contingency fee lawyer. Hire an experienced lawyer who can tell you, “I won’t get paid unless I win your case.”

2) Why can’t I hold the doctor responsible for my injury?

Texas medical malpractice cases need to be supported by the law. Sometimes there are just bad results. People want to know: why can’t I hold the doctor responsible? Many times, through no negligence of the doctor, bad things happen.

The only way for you to know that is to hire an experienced medical malpractice lawyer who can review your records, and have them independently reviewed by an expert doctor. Just because something bad happens, doesn’t mean the doctor’s responsible. If they are, an experienced medical malpractice lawyer is the difference between you recovering for everything that’s happening to you or not.

3) Do I have a claim if I was given the wrong prescription?

One of the more common medical malpractice cases in Texas involves wrong prescriptions. It happens more than you think. You go to the pharmacy, pick up the prescription that your doctor called in, and go home. You then start taking it.

Not only are you not getting better from what you went to the doctor for in the first place, but now you’re having all sorts of bad side effects. That pharmacist is responsible. The law requires them to use due care and make sure that you’re getting your prescription, not somebody else’s. If you’ve been harmed because you got the wrong prescription, call an experienced medical malpractice lawyer who can look at your case the right way.

4) How long do I have to file a medical malpractice claim?

A lot of people that call with medical malpractice cases here in Texas want to know: how long do I have? You have two years, but don’t take the full two years to act. Medical malpractice cases are complex cases. They require thorough investigation. All of your medical records need to be reviewed. They need to be reviewed by an experienced malpractice lawyer that knows what they’re looking at. Then they need to be reviewed by a doctor.

I tell my prospective clients this all the time. I’m not a doctor, but I’ve spent 30 years reading medical charts. I know a thing or two. I can get an idea, but then I’ve got to have an expert say we can go ahead. That doesn’t happen overnight.

You have two years to file a claim, but you really need to act quickly because there are many cases. Many potential clients that call me and say, “I’ve got two boxes full of records, but the two years runs next week.” I can’t help those folks. I wish I could, but I can’t do the job that you’re expecting of me unless I have the time to inform myself and you of what your rights are.

5) Will my medical malpractice case go to trial?

One thing that clients ask me all the time is about if they will go to trial. The answer to that is probably not. Malpractice cases are a little different. You see, doctors don’t like to admit their errors. Hospitals don’t like to pay for their mistakes.

If you hire an experienced medical malpractice lawyer; someone who knows the medicine, understands all of the standards expected of a physician, of a hospital, of a nursing home, then preparing your case for trial usually results in those parties accepting responsibility and making a reasonable offer of settlement. If they don’t, you need an experienced law firm with the resources to go to trial because if they take your case, they need to be willing to try it.


Were you or a loved one injured by the hands of a medical professional? After reading these 5 common medical malpractice questions, contact a San Antonio medical malpractice lawyer at Rush & Gransee today for a free confidential consultation and case evaluation. Let our experience work for you.

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