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What are the first steps of a Texas medical malpractice case?

Medical malpractice can be scary, no matter the reason for the case. It can also be a time consuming and expensive venture for the plaintiff. If you are considering a medical malpractice lawsuit take a look at the first steps of such a case in Texas. Medical malpractice happens when a patient is injured or sickened by the actions of a medical professional or a misdiagnosis.

The first thing you must do is contact the medical professional or doctor who worked on you, no matter their industry. This can be an eye doctor, dentist, family physician, surgeon, allergist or any other medical professional. You will want to explain the situation to them and have them issue a response as to what went wrong or why you are experiencing symptoms. They might be able to rectify the situation before a claim is filed.

If contacting the doctor or medical professional did not yield satisfactory results, it might be time to contact the medical licensing board. You will want to contact the board that issues the license of the professional, not just any medical licensing board. The board will be able to issue a warning or some form of discipline to the professional for their actions.

After you contact the licensing board you should do some research into the statute of limitations for filing a claim. In Texas, there is no statute of limitations for filing a medical malpractice claim against a medical professional.

Prior to filing the claim you should get evaluated by a different doctor or medical professional. The evaluator should have no ties to the doctor you are filing the claim against so as to avoid any conflict of interest. An evaluation will determine whether or not your claim has merit to proceted. If it does, you can file a certificate of merit.

Once the claim is filed, you will want to avoid court as much as possible. Medical malpractice cases are lengthy and expensive. An out-of-court settlement will be your best option.

Source: Findlaw, "First Steps in a Medical Malpractice Case," accessed Feb. 24, 2017

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