Common Medical Malpractice Questions
Answers Regarding Your Case in Texas
At Hampton & King in Houston, we are here to keep you informed about your rights and legal options. We know you likely have many questions about your case. If you don’t see answers below, we always offer a free initial consultation to answer your questions.
Do I Have a Valid Case?
Whether or not you have a case depends on two conditions. These include:
- Whether the medical professional failed to meet the standard of care
- Whether that failure caused your injury, resulting in damages
Both conditions must be met for you to have a case of medical malpractice.
The validity of your claim will be the central question during your free consultation. Because our firm includes a full-time medical staff, including a Ph.D. nurse and a certified doctor, our team can accurately assess whether your complex case was the result of medical negligence. That's why Hampton & King is known for being the firm that handles cases other firms walk away from.
What Are the Time Limits on Medical Malpractice Claims?
In Texas, you generally have two years from the date of the incident to bring a claim of medical malpractice. To allow time for proper investigation and preparation of your case, it's important to contact an attorney as soon as possible.
How Much Does It Cost to Bring a Medical Malpractice Case?
Preparing a medical malpractice case can cost $100,000 or more. Our case results pages provides examples of expenses for specific cases our attorneys have handled. When we accept a case, our lawyers will advance all expenses. If we are successful, we will recover those expenses from the gross verdict or settlement amount. If we are not successful, you will owe us nothing. Due to the high cost of developing a medical malpractice case, we must be very selective about the cases we take on.
How Much Is My Case Worth?
Determining the value of your case is a complicated process and involves many factors, some of which will not be knowable at the start of your case. Many cases require the use of experts such as economists, life care planners, and doctors who have experience evaluating future medical needs, which will take time. Once all these aspects have been evaluated, you can get a better idea of the value of your case.
If a lawyer tries to tell you definitively what your case is worth at the initial visit, be very wary.
How Do Texas Tort Reform Caps Affect My Case?
In 2003, Texas passed legislation that drastically limited the potential recovery of noneconomic damages in medical malpractice cases. "Noneconomic" refers to damages such as pain and suffering, emotional distress, and disfigurement. The caps do not restrict recovery of economic damages such as past and future medical expenses and lost income. There is also a cap on wrongful death recovery, as well as caps that apply to state employees and some rural health care providers. During your free initial consultation, our lawyers will explain how tort reform caps could affect your case.
If you have other questions, call our Houston medical malpractice attorneys. You can reach our firm at (713) 489-0993.