The Dallas medical malpractice lawyers at Ferrer Poirot Feller represent people who have been seriously injured by preventable medical mistakes. Patients trust healthcare providers to improve their health, not cause further harm. However, research from Johns Hopkins Medicine indicates that medical mistakes may contribute to more than 250,000 deaths annually in the United States, making them one of the leading causes of death nationwide.
Trust is essential to effective medical treatment. When it’s broken by a preventable mistake, the physical, emotional, and financial toll can be hard to manage. In situations where a medical mistake leads to significant harm, many individuals and families are left uncertain about how to move forward.
Our attorneys offer thoughtful guidance through each stage of the legal process, helping clients understand their options and hold negligent providers accountable. With decades of experience and the resources to handle complex claims, Ferrer Poirot Feller is committed to advocating for those harmed by medical negligence.
To request a free and confidential consultation, call our office at (888) 485-8844.
Trusted Dallas Medical Malpractice Attorneys Dedicated to Holding Negligent Providers Accountable
Pursuing a medical malpractice claim requires a law firm with the experience, knowledge, and resources to navigate this complex area of law. Since 1981, Ferrer Poirot Feller has been a steadfast advocate for individuals and families in Dallas who have been harmed by medical negligence.
We understand the legal and medical intricacies these cases involve, and we are committed to holding healthcare providers accountable when their actions fall below the accepted standard of care.
We begin every case by listening carefully and compassionately to understand your experience and the full impact the injury has had on your life. This client-focused approach lays the foundation for a strong, evidence-based case focused on protecting your rights and helping you seek fair compensation under Texas law.
Our legal team conducts a comprehensive investigation into your medical treatment. This includes securing and analyzing all relevant medical records, consulting with respected medical experts, and identifying where the care you received deviated from established standards. We handle the legal and investigative aspects of your case, allowing you to focus on your recovery and care.
To support your claim, we collaborate with independent medical specialists who offer independent, expert opinions on whether the provider’s actions caused your injuries. In Texas, expert testimony is often required to initiate a medical malpractice lawsuit, and our expert network is instrumental in establishing legal responsibility.
At Ferrer Poirot Feller, we handle cases on a contingency fee basis, allowing you to pursue justice without financial risk. We advance all costs related to your case, including investigations, expert consultations, and court filings.
You will not pay any attorney’s fees unless we secure compensation for you. This approach ensures you have access to skilled legal representation regardless of your financial situation, so you can concentrate on your health and recovery.
What Is Medical Malpractice? Understanding Your Rights with Dallas Medical Malpractice Lawyers
Medical malpractice happens when a provider causes harm by failing to follow accepted standards of care and involves more than an unexpected or unsuccessful outcome. Rather, it reflects a breach of the provider’s legal obligation to treat patients with the level of skill, judgment, and attention that a similarly trained professional would have used under comparable circumstances.
In Texas, the law requires that doctors, nurses, hospitals, and other providers follow a recognized standard of care. When that standard is not met, and a patient suffers injury as a result, the provider may be held accountable through a medical negligence claim.
Dallas medical malpractice lawyers at Ferrer Poirot Feller assist individuals and families throughout the region who have experienced preventable injuries due to substandard care. Whether the harm occurred in a hospital, surgical center, or private practice setting, understanding your rights under Texas law is the first step toward seeking accountability.
How a Dallas Medical Malpractice Lawyer Proves Your Claim
A successful medical malpractice claim in Texas must prove four specific elements. Your legal team is responsible for gathering the evidence needed to establish each one. A failure to prove any of these elements may result in the dismissal of your case.
- A Duty of Care Existed: The first step is to show that a professional relationship existed between you and the healthcare provider. This is typically established through records showing you were a patient under the provider’s care.
- The Provider Breached the Duty: This is the core of the case. We must demonstrate that the provider’s actions or inaction fell below the accepted standard of care. Expert medical testimony is almost always required to prove this breach.
- The Breach Caused Your Injury: It is not enough to show that a provider was negligent. We must also prove that the breach of duty was a direct cause of your injury. The provider’s mistake must be the reason you suffered harm.
- You Suffered Damages: Finally, your claim must show that the injury resulted in actual losses. These losses, known as damages, can include medical expenses, lost income, and physical pain and suffering.
Proving these four elements requires a thorough investigation and a clear presentation of the facts.
Who Can Be Held Liable for Medical Negligence in Dallas?
Liability for medical negligence may extend to any licensed healthcare provider or facility responsible for the patient’s harm. Identifying all responsible parties is a key step in ensuring you can pursue full compensation for your losses.
Physicians and Surgeons
Individual doctors are the most common defendants in malpractice lawsuits. This includes primary care physicians, specialists in Dallas, and surgeons who make errors during procedures.
Nurses and Medical Staff
Nurses, physician assistants, and other medical staff who fail to properly monitor patients, administer wrong medications, or do not follow a doctor’s orders may be held liable.
Hospitals and Medical Facilities
A hospital or clinic, such as those in the Dallas Medical District, can be held directly liable for its own negligence, like improper staffing or failing to maintain equipment. They may also be held vicariously liable for the negligent acts of their employees.
Anesthesiologists
Errors in administering anesthesia before or during a surgery can lead to devastating injuries, including brain damage or death.
Pharmacists
A pharmacist who dispenses the wrong medication or an incorrect dosage may be held accountable for the resulting harm.
A careful review of the medical records can help your Dallas medical malpractice lawyer determine every party who may share legal responsibility for your injury.
Common Medical Malpractice Claims We Handle in Dallas
Medical errors can occur in any healthcare setting and at any stage of treatment. Our firm has experience investigating a wide range of medical negligence claims. Your experience may fit into one of several common categories of malpractice recognized under Texas law.
Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose
A timely and accurate diagnosis is critical for effective treatment. When a doctor fails to diagnose a serious condition like cancer or heart disease, misinterprets test results, or diagnoses the wrong illness, the patient may lose the opportunity for successful treatment. These cases hinge on proving that a competent doctor would have made the correct diagnosis sooner.
Surgical Errors and Post-Operative Negligence
Errors in the operating room can have life-altering consequences. Surgical malpractice includes performing surgery on the wrong body part, leaving a surgical instrument inside a patient, or causing damage to a nerve or organ. Negligence can also occur after surgery if medical staff fail to properly monitor the patient for infections or complications.
Birth Injuries Affecting Mothers and Newborns
A birth injury is a devastating event caused by medical negligence during pregnancy, labor, or delivery. These injuries can affect either the mother or the child and may lead to conditions like cerebral palsy, Erb’s palsy, or brain damage due to oxygen deprivation. Common errors include the failure to order a timely C-section or the improper use of delivery tools like forceps.
Anesthesia and Medication Errors
Anesthesia errors can be catastrophic. An anesthesiologist who administers too much or too little anesthesia, or fails to monitor a patient’s vital signs, may cause serious harm. Medication errors, such as prescribing or dispensing the wrong drug or dosage, can also lead to dangerous adverse reactions and are a preventable form of medical negligence.
Understanding the Medical Malpractice Lawsuit Process in Texas
When a medical provider’s mistake leads to serious harm, filing a malpractice lawsuit may be an option to pursue both accountability and compensation. In Texas, these cases follow a specific legal process that involves strict rules, important deadlines, and expert documentation.
Dallas medical malpractice lawyers who are experienced with Texas law can help you navigate each step and avoid common setbacks.
Filing Deadlines for Medical Malpractice Claims in Texas
The statute of limitations is one of the most important legal rules in a malpractice case, as it sets the time limit for filing a lawsuit. In most situations, Texas law gives you two years from the date the negligent care occurred or from the date the treatment ended. This rule is outlined in Chapter 74 of the Texas Civil Practice and Remedies Code.
In some cases, an injury is not immediately obvious. When that happens, the clock may start when the injury is discovered or when it should have been discovered through reasonable attention. Courts strictly enforce these deadlines, and missing them can result in losing the right to bring a claim.
Limits on Non-Economic Damages in Texas Medical Malpractice Cases
Texas law also limits the amount of money that can be awarded for non-economic damages. These damages relate to the physical and emotional impact of an injury, such as pain, lasting disfigurement, or loss of enjoyment in daily life. They do not include financial losses like medical expenses or lost wages.
If a case involves only individual healthcare providers, the maximum amount that can be awarded for non-economic damages is $250,000. When a hospital or healthcare facility is also involved, a separate $250,000 limit may apply to each institution, with a combined cap of $500,000.
Because the details of each case vary, experienced Dallas medical malpractice lawyers can help you understand how these limits may apply to your situation.
The Certificate of Merit Requirement in Texas Malpractice Lawsuits
Before you can move forward with a medical malpractice lawsuit in Texas, you must file a Certificate of Merit. This is a written opinion from a qualified medical expert who has reviewed your records and believes there is a valid reason to claim negligence. The report must also explain how the provider’s actions caused the injury.
This step is required under Texas law and is meant to show that the case is based on expert medical analysis. Your attorney will work with medical professionals to gather this support early in the process, helping to present a strong and well-documented case.
How Our Dallas Medical Malpractice Lawyers Prepare Your Case
When you choose our firm, we begin a detailed and structured process focused on building a case that meets the legal standards in Texas. This approach relies on a careful review of facts, expert medical insight, and thorough legal analysis.
Initial Case Review and Strategy
We begin with a free, confidential consultation to learn more about your experience. During this meeting, we review your medical history, discuss your care, and identify the providers involved. This step helps us evaluate the strength of your case and shape a strategy moving forward.
Collecting and Organizing Medical Evidence
Evidence is at the core of any malpractice claim. We gather your medical records from providers throughout the Dallas–Fort Worth area to create a full timeline of your treatment. These records are reviewed, organized, and prepared for expert analysis.
Working with Medical Experts
We engage independent medical experts who practice in the same specialty as the healthcare provider involved in your case. These experts conduct a thorough review of your medical records to assess whether the provider’s actions met the standard of care expected of a similarly trained professional under comparable circumstances.
If they determine that the standard of care was not met, the experts prepare detailed reports and may serve as expert witnesses on your behalf, if litigation becomes necessary.
Settlement Negotiation or Trial
Many cases are resolved through negotiation with the provider’s insurance company. We present your case clearly and push for compensation that reflects the harm you’ve experienced. If a fair resolution cannot be reached, our Dallas medical malpractice lawyers are ready to take your case to trial and advocate for you in court.
Understanding Compensation in a Dallas Medical Malpractice Lawsuit
While a lawsuit cannot undo the harm you have experienced, financial compensation can provide for your medical needs and offer a sense of justice. Under Texas law, you may seek compensation for both economic and non-economic damages.
Economic Damages: Recovering Financial Losses
Economic damages are intended to reimburse you for the measurable financial costs of your injury. These may include:
- Past and Future Medical Bills: Coverage for hospitalization, corrective surgeries, medication, therapy, and any long-term care needs.
- Lost Wages and Benefits: Compensation for the income you were unable to earn because of your injury.
- Loss of Future Earning Capacity: If the injury has permanently affected your ability to work, you may seek damages for the loss of future income.
These losses are established with bills, employment records, and analysis from financial experts.
Non-Economic Damages: Addressing Personal Impacts
Non-economic damages address the personal, non-financial ways the injury has affected your life. As mentioned, these are subject to caps under Texas law. They include compensation for:
- Pain and Suffering: For the physical pain and emotional distress caused by negligence.
- Mental Anguish: For conditions like depression, anxiety, or trauma resulting from the experience.
- Physical Impairment: For the loss of mobility or the ability to participate in daily activities.
- Disfigurement: For permanent scarring or other changes to your physical appearance.
An experienced attorney can help show how the injury has affected your life and pursue full compensation under Texas law.
Speak with a Dallas Medical Malpractice Lawyer Today
If you or a loved one has been harmed by a medical error, you have a right to seek answers and accountability. A medical malpractice claim can impact your health, your family, and your financial stability, but you do not have to face these challenges alone. A Dallas medical malpractice lawyer can evaluate your case and explain your legal options.
At Ferrer Poirot Feller, our team has advocated for injured patients in Dallas and across the country since 1981. We understand how to build strong cases against negligent healthcare providers and are ready to put our experience to work for you.
Call us today at (888) 485-8844 or fill out our online form to schedule a free, no-obligation case review. We are available 24/7, and you will not pay any fees unless we recover compensation on your behalf.