i am going to hire an attorney. I just don't know how much of a settlement to ask for If I have a case..I feel as though I deserve the maximum for all the pain and suffering relating to a surgery..Thank You.
I suggest you consult a Board Certified Personal Injury Trial lawyer as soon as possible. It is very difficult to answer your question, because the "caps" in Texas that you ask about can be different depending on the facts of your case. For example, if your claim is against a governmental county hospital, the "caps" are different and more restrictive. For example, governmental "caps" usually apply to all of your damages, not just your noneconomic losses. If your claim is against a physician AND a hospital or institution, the "cap" can change. If your claim is against more than one hospital or institution, the applicable "cap" can change. Also, some of your damages may be subject to a "cap" and others may not depending on the type of damage or the type of defendant. Tort Reform has made this very complicated. You can only determine these issues by sitting down with a qualified lawyer and applying the Tort Reform rules to the facts of your case. Do not delay. You could be facing Statute of Limitations and notice issues that could bar your claim.
This answer is intended to provide general information only and not specific legal advice. This answer does not create any attorney client relationship.
In a medical malpractice action filed on or after September 1, 2003, regardless of the number of causes of action asserted, non-economic damages are limited to a total of $250,000 from all doctors and other individuals. You need to rely on the advice of your attorney.
Medical malpractice cases remain one of the most difficult types of cases to win in Texas. You need to consult with an experienced medical malpractice attorney immediately., Records will have to be obtained and an expert physician will have to be hired by your attorney to review the facts and medical records to determine whether your doctor breached the accepted "standard of care" for a physician practicing in that area of medicine in that locale. There is no easy answer here. If you want to call me I can give you names of several prominent medical malpractice attorneys to call. They do not charge for a consultation and if they accept your case it is on a percentage fee basis and if no recovery obtained, you usually don't owe them any money. Feel free to call me at 512-708-1650 or visit my website at www.kevinmadison.com and you can email me.
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