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Here’s what’s happening on the other side of a med mal case

On Behalf of | May 16, 2019 | Firm News

When your loved one reaches a stage in life where he or she can no longer provide for his or her own daily function needs, it is logical to consider transitioning to a nursing home or assisted-living facility as an option. There may be any number of issues that arise during residence in such places that necessitate a visit to a doctor or hospital emergency room. In fact, over time, numerous licensed medical care providers may tend to your loved one’s needs.

If, however, someone fails in his or her fiduciary duty and your family member suffers injury because of it, he or she may decide to file a medical malpractice claim in a civil court. There are two sides to such cases, and the more you know about certain things that typically happen on a defendant’s side of the issue, the better prepared you’ll be to help your loved one seek justice if a problem arises.

Texas is a Notice of Intent state

In this state and many others, physicians receive notice that someone intends to sue them. If you are acting on behalf of your loved one to file a medical malpractice lawsuit in Texas, you’ll want to make sure you seek clarification of laws pertaining to Notice of Intent documents before you submit your legal claim in court. 

Avoid confrontation with doctors

In many cases, once a doctor receives notice that someone is suing him or her, it’s not uncommon to feel compelled to contact the patient or patient advocate in question. If you’re the one who is pursuing litigation, it’s a good idea to discuss the possibility of such incidents occurring with someone who can provide guidance and support to have a plan in mind for a best course of action.

Gathering evidence

It is, unfortunately, also not uncommon for someone threatened with a medical malpractice lawsuit to commit actions intended to conceal evidence, such as tampering with medical records. This is why it is so important to document all details of events leading up to and following the incident that caused injury or illness to your loved one.

Many Texas plaintiffs ask experienced personal injury attorneys to assist them in gathering evidence, compiling a written account of what happened and enlisting third-party assistance to prepare for testimony, as it is the plaintiff in a med mal case tasked with substantiating his or her claim.