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Episode 9: Medical Malpractice Claims

Audio Transcript

You’re listening to ask a lawyer podcast episode 9 medical malpractice. 

We’re here with Attorney Richards and we’re going to be learning. 

About medical malpractice. 

How long you have to bring a claim? 

What to do if you have a minimal cook malpractice suit and what you must have to file suit. 

So can you give our listeners a little bit information on what? 

They need to do if they think they have a. 

Medical malpractice claim. 

Well, first and foremost my if you feel like you have a medical malpractice claim I’m I wanna make sure that you gather, have gather all of your medical records. 

That’s the first thing that you need to do, and then make sure that you document. 

I can’t tell clients enough that documentation is everything to me, so if you’re at home. 

And you know you feel like you could have a possible claim. 

Same sit down and starting now with writing out you know your timeline of in your sequence of events and and then go and see a competent attorney that really focuses on medical malpractice here in the state of Texas because the laws here they’re different and medical malpractice laws. 

Different from state to state, so you want to speak with an attorney that is focused on medical malpractice type cases, or at least includes that in there. 

If their personal injury attorney touches myself, I include medical malpractice within other types of injury cases that I practice as well. 

That’s good to know. 

So what if somebody at home when they realize that they might have a case, but it’s been awhile? 

How long do they have to make their claim? 

You have two years here in the state of Texas to bring it forth. 

Your medical malpractice claim. 

You have two years now just because you know you have two years doesn’t necessarily mean that you can just go and file a claim. 

But the statute says if you don’t bring your claim in medical malpractice, assuming that you know. 

You do have a case, then you lose your right to be able to file your claim in court. 

And lastly, what are some things that you have to have before you file? 

A claim well? 

One of the things that’s going to be required is that if you plan on bringing forth and medical malpractice claim, you’re going to have to file what’s called an expert report. And usually that’s 120 days after you file your. 

Your Mal claim so you have 120 days which is essentially six months to have an expert report prepared and what that is, is that you’re going to have to have a medical expert to address issues of liability and causation within this report, and so it’s very specialized so you don’t want this is not something that you really want to. 

Wait on this is something that you want to get in as soon as you pop. 

As soon as you possibly can. 

You want to get this this this claim out and you want to speak with a competent attorney to be able to assist you with the facilitation of handling your medical malpractice claim. 

Because it’s a very delicate situation. 

That’s all very, very good to know. 

So in conclusion, this has been episode 9 medical malpractice on escalator podcast. 

You better ask your lawyer. 

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