Collaborate on Doctor Receipt Format for Technical Support with Ease Using airSlate SignNow

Doctor receipt format for Technical Support

so you want to sue your doctor okay in this video i'm going to provide general information about things you want to think about before you file a lawsuit against a let's say a doctor a dentist hospital or any kind of medical professional my name is mehdi chakawi i'm a civil litigation attorney in houston texas i provide general civil litigation information to the masses if you like my content please subscribe hit the like button and let's get to it [Music] okay but before we get started i am natural lawyer this is not legal advice this video is for educational and informational purposes only if you have a situation that requires legal advice i suggest and recommend you seek a lawyer in your city or state so to be able to sue a doctor it's no easy feat at least not in the state of texas in the state of texas there are rules and regulations that govern and control your ability to file a lawsuit against a doctor let's start with the biggest the biggest one first there is a cap on your damages by damages i mean uh pain and suffering to make it easy what does that mean if you have an issue with a doctor or let's say a doctor made a mistake and you suffered some type of disfigurement or some kind of damages as a result of the mistake of the medical provider the most you can get in damages against this doctor or medical provider outside of your medical bills is two hundred and fifty thousand dollars so let's give an example let's say you went for surgery and you went uh [Music] on the table on the operating table of this doctor who committed a mistake and this mistake caused you some chronic illness or chronic condition that is unfortunately going to last your entire life and because of this mistake you went to a second doctor and then a third doctor and then you had perhaps another surgery to correct the mistake of the first doctor well all these medical bills that you piled up as a result of the mistake of the first doctor those there is no cap you can get whatever the surgery costs whatever new medical bills cost if you win against the first doctor then you should be able to get those damages however your pain and suffering your mental anguish any kind of damages for the pain that you've incurred in the state of texas are kept to 250 000 some people think that that's very unfair i certainly think that i think it's almost criminal not to be able to punish a doctor who's been grossly negligent in the operation and caused you damages but then again it's the law and that's what we have to abide by that's why you're not going to find a lot of law firms that are willing to pursue a medical malpractice case against a medical provider so think about the issue of the cabin whether it's worth it this also comes in play when you're comparing the amount of money you have to pay an attorney in order to in order to file this lawsuit now if you can find an attorney that will take a case under contingency which means the attorney will take will not charge you anything upfront and take a percentage usually to third or perhaps up to 40 percent if it gets to trial like a percentage of the recovery well then great but if you cannot find an attorney that will take it under contingency and you have to pay the cost out of pocket and that could be the cost of filing the hourly rate for the attorney the cost for the expert witness which i will get you on the second point um and cost of other expenses deposition fees perhaps travel fees if you're not willing or able to make those expenses upfront then that's something you want to think about before you file a lawsuit second point in my opinions is the very important point in the state of texas and it may be the same case for the entire 50 states you must have an expert report produced or given provided to the doctor and this expert report has to come from a qualified expert so in this event you would you normally get another doctor and this doctor the expert will have to give you a report written report detailing how the first doctor got it wrong where did he commit a mistake and how did he fall below the standards that are usually followed in the medical industry in simpler terms you have to find a doctor that will say your first doctor committed the mistake here's what he did here's why it's a uh it should be held liable and this usually doesn't happen in the medical community let's face it doctors are usually held to a uh originally regarded uh very highly by the public and they have a lot of discretion when it comes to administering the kind of treatment that they think is best for you however there is an industry standard right that that most doctors follow for example and i give you a very you know perhaps extreme example but most doctors will have to give a pregnancy test to a woman before they do any kind of x-rays right because that if a woman is pregnant the x-rays could cause a damage to the fetus and and potentially lead to a miscarriage so that's something that is routinely done for any doctor that wants to do an x-ray if a doctor does an x-ray to a woman that's in the you know in the age of of getting pregnant and and he doesn't do a pregnancy test first that could be an issue this is just a simple example to give you on how a doctor can deviate from the typical standards in the medical community so going back to the expert report that is a very important element you must provide i believe in the state of texas you have you must provide that report within 120 days if you don't provide an expert report in a medical malpractice lawsuit medical malpractice basically filed a lawsuit against a doctor for negligence because of some problem that you suffered as a result of his treatment or surgery if you don't give a medical report to the doctor or the doctor's lawyer from an expert detailing how this doctor made a mistake and how he should be held liable your lawsuit not only gets dismissed automatically if you don't provide an expert report within 120 days but the judge is likely to order you to pay the doctor's attorney's fees and you don't want that certainly you don't want that those attorney fees can add up and now you now not only have been damaged by someone allegedly uh but now you have to pay the lawyers fees expert reports are not cheap um and also experts are not going to come around very easily typically you want to find an expert that's another practicing doctor in the same field that the first doctor practices in and someone that's not a a full-time expert if you will not that there's anything wrong with a full-time expert it's just that if you find a doctor that doesn't usually goes and testify every day in court uh and that's really how he makes a living and um you know they're willing to come out and and criticize the work of the first doctor and most doctors don't want to do that but if you find one that's going to be a very good expert witness that's going to support your allegation against this doctor so you have an expert report you you you you can deal with them with the cap in in in maximum damages when it comes to the 250 000 cap then you want to ask yourself are you willing to wait uh until the lawsuit is over lawsuits take a long time to um to uh you know to go to trial and uh some of them meet some of them settle after mediation and um and it's just something that you want to think about uh in terms of cost and the length of time that it'll take to uh to sue a doctor also think about whether you want a jury trial or a judge trial so most of the time you want to choose a jury trial and i'll have another video about the difference between jury trials and judge trials the pros and cons and why you should favor one over another depending on the kind of case you want to have but in the event of a of a medical malpractice you want to have jurors of your peers right you want to have people that can sympathize with with you and sympathize with the pain that you have uh um experience and usually on with a judge the judges have seen so many cases that sometimes they can become desensitized and they may not uh grant you or order the kind of damages you're seeking you're seeking to collect but with the jury they can probably see your pain they can relate to uh to having been to a doctor who is not very good and who's negligent and and may have caused their situation to be even worse and that's pretty much it i hope you learned from my video if you like this kind of content i ask you to hit the like button subscribe and i'll see you on the next one [Music]