Clearly Identifying Those Responsible for Surgical Malpractice in Texas

Surgical malpractice defendants aren’t always the surgeon or anesthesiologist. Intensive Care medical professionals can sometimes be the culprit; either alone or in conjunction with the surgeon as he or she is in charge of your post-surgical care. Many times, the failure to correctly diagnose the medical condition that led to your surgery can be the cause of your injuries. It’s even possible that other medical professionals, like a technician or a pharmacist, may have negligently contributed to the malpractice. Maybe improper drugs were used in the surgery, or drugs that were defective, in which case the blame for the surgical malpractice may be laid at the feet of the drug manufacturer through a defective product lawsuit. The same thing might apply to a piece of equipment that was used in your procedure. If it was not maintained properly you have the right to sue the hospital.

The bottom line is that any, or all, of these healthcare professionals or product manufacturers can be responsible, and could be held accountable for their negligence in civil court. It makes no difference if their involvement was overt or passive.

Rare is the instance where offending medical defendants are not covered by various insurance policies. Though this is good news because you know the money is there to compensate you, it’s certain that a medical malpractice lawsuit that is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation involved in the case. It’s every malpractice insurance company’s job to aggressively challenge all such cases in Texas.

Another reason malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases to argue is that the medical profession is, by its very nature, highly technical and very sophisticated. Another reason these cases can be so convoluted is that a number of liable parties responsible for the injury can cloud the issue of actual culpability for your injuries. Someone has to investigate this complicated matter and come up with the right defendants if your malpractice case has any reasonable chance for success. And because there can be so many potential defendants, a lot of finger-pointing goes on between multiple defendants. So laying the proper blame is a very difficult order for your legal investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a Texas medical malpractice claim without the legal help of an experienced Texas surgical malpractice lawyer.

A skilled attorney knows how to locate and retain the right surgical and post-surgical care experts to thoroughly review your treatment records, determine whether your malpractice lawsuit is justified, and then back up your claims in court. These forensic experts can also help determine the degree of responsibility from all of the parties that were involved in your inferior surgical care. Our experienced medical malpractice attorneys have the means and the skill to apply that thorough investigation of your case through this considerable evidence into an effective and winning strategy that gives you the best chance to be fairly compensated for your damages which can include your medical bills, pain and suffering, lost wages and disability the inferior surgery causes.

With over 30 years of experience in personal injury and wrongful death law, including medical malpractice, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. We can also work to make certain they will not repeat their careless actions, and harm some other unsuspecting patient.
Call our office toll-free for a free consultation.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso

How the Collateral Source Rule Applies to a Personal Injury Case

If you’ve been injured by someone else’s negligent or reckless conduct, you may have heard of the “collateral source rule” and are curious if it applies to your personal injury case. Before diving into the nuances of the collateral source rule, it’s important to note that determining if the collateral source rule applies to your case is a complicated process that requires a detailed analysis of the particular facts of your case by a personal injury attorney. Simply put, retaining an experienced personal injury attorney like ours is the best way to determine if the collateral source rule applies to your personal injury case.

The Collateral Source Rule Prevents Personal Injury Defendants from Asserting the One-Satisfaction Rule to Insurance Proceeds

The collateral source rule is a rule developed and adopted by courts across Texas that prevents the party responsible for inflicting personal injuries on another to offset compensation to their victim because they have received benefits from an insurance policy. The reasoning behind the rule is that the responsible party shouldn’t unfairly benefit in a personal injury case just because their victim had the foresight to purchase a health insurance policy and is designed to encourage Texas residents to purchase private insurance.

The collateral source rule has serious implications for personal injury cases: namely, juries can’t know or consider that the injured party has health insurance when determining the defendant’s liability and the amount of damages the defendant should pay the victim.

An Illustrative Example of How the Collateral Source Rule Applies to Personal Injury Cases

You may find this illustrative example helpful in parsing out the nuances of the collateral source rule in personal injury cases. Assume that you have suffered personal injuries in a truck accident due to the negligent driving of the semi-truck’s driver. After seeking medical attention for any emergency injuries, you should immediately contact an experienced personal injury attorney, like ours.

Our firm has been fighting for victims` rights for over 20 years. Call to discuss your case.

Our attorneys and staff will then begin collecting the evidence needed to win your case and maximize your compensation. Our attorneys will then contact the responsible truck driver and his employer, and if a favorable settlement can’t be reached, we’ll file a lawsuit on your behalf. Click here @ https://truckaccidentattorneysa.com/

At trial, the defendant may attempt to assert the one-recovery rule to avoid a portion of their liability for your injuries. Although some experienced attorneys and law firms may miss this crucial error, our experienced attorneys know your rights under Texas’s personal injury laws and will assert the collateral source rule on your behalf so that the parties that caused your injuries won’t unfairly benefit from your foresight to purchase an insurance policy.

As you can see, determining if the collateral source or one-satisfaction rule applies to your case can be difficult. To ensure that your rights are fully represented, you need a smart and aggressive personal injury attorney on your side. Our experienced personal injury attorneys are committed to securing the compensation you deserve for your injuries, and are available any time, day or night, to provide a free consultation regarding your potential personal injury lawsuit and if the collateral source rule applies to your case. More information here: @https://www.attorneys-sa.com/

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