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Medical Malpractice Lawyer
The term “medical malpractice” refers to a physician’s conduct or omission during a medical treatment or procedure that deviates from accepted standards of the medical community, causing harm to a patient. Professional negligence is one type of medical malpractice. The legal jargon can be confusing, to say the least. That’s where having a seasoned medical professional malpractice lawyer on your side may come in handy.
Unfortunately, medical mistakes might result in long-term or irreversible damage, preventing you from working and looking after your family while also lowering your quality of life. Not every blunder is a cause for legal action. However, from time to time, the mistake goes beyond acceptable professional norms. And when this occurs, there may be legal ramifications. We’re here to educate you about your legal rights if that’s what you need.
How Do I Know If I Have a Medical Malpractice Case?
There are a variety of elements to consider while pursuing a medical malpractice claim. These include:
- Duty of care — Physicians must follow established medical standards of care when providing treatment.
- Breach of duty — To be considered medical malpractice, a medical professional’s duty of care must have been violated by failing to act in a manner consistent with how other specialists would have handled the situation.
- Causation — This simply implies that the healthcare provider caused personal injury as a result of medical negligence or sub-par medical care.
- Damage — A successful medical malpractice action must show that the personal injury harmed a patient’s health. Medical expenses, lost income, loss of earning potential, pain and suffering, and loss of consortium are all possible damages (loss of assistance or companionship with a family member).
Medical Malpractice Statistics
According to the HealthGrades Patient Safety in American Hospitals research, approximately 100,000 Americans are killed each year as a result of preventable medical mistakes at hospitals. This statistic looks at fatalities in hospitals exclusively. Individuals who perish as a result of medical treatment after they leave the hospital are not included in this statistic.
According to some statistics, the total number of Americans who die as a result of medical malpractice is closer to 200,000. Medical malpractice does not account for the thousands of preventable illnesses and injuries that occur as a result of it.
Who Is Responsible For Medical Malpractice?
Doctors aren’t the only ones who face repercussions for their conduct through medical malpractice claims. In reality, several distinct health care providers have the ability to fall below the acceptable level of care and cause you or a loved one unnecessary harm.
The following individuals and businesses can, and should, be held liable for negligent behavior in the cases of Ovarian Hyperstimulation Syndrome:
- Lab technicians
- Nurse Aides
- Nurse Anesthesiologists
- Nursing Assistants
- Nurse Practitioners
- Physical Therapists
Medical Negligence: What You Need To Know
Every medical malpractice claim consists of four components:
- Standard of Care
Every medical professional working in the healthcare sector is required to follow a certain standard of care. It assesses the competence and care a competent healthcare provider should provide to a patient.
You must show that your healthcare provider’s medical treatment did not fulfill the appropriate standard given in the same scenario by a reasonably skilled professional.
Causation means that you must demonstrate that your provider’s breach of the standard of care was a significant factor in the injuries you allege came from it. Experts must state that they believe the breach is to blame for your problems. Anything less would not be enough to prove medical professional malpractice.
You must provide evidence of each type of harm you claim you have suffered as a consequence of a healthcare provider’s violation of the usual standards of care. You must also offer an amount that will compensate you for your losses.
What Is the Maximum Amount Texas Residents Can Receive In Medical Malpractice Damages?
The issue of whether persons harmed by medical mistakes can obtain complete compensation for their losses is a touchy one in Texas. Unlike most states, Texas legislation severely restricts jury payouts to medical malpractice victims.
An injured patient may obtain compensation in a medical malpractice claim for the following:
- loss of past income and future earning capacity;
- past and future medical expenses;
- any other financial losses; and
- non-economic losses, also known as “pain and suffering
The amount of compensation that medical malpractice victims can receive for pain and suffering is limited by the Texas Medical Malpractice and Tort Reform Act. Non-economic damages against all doctors and health care providers are limited to $250,000. Non-economic damages against health care institutions are limited to $500,000.
For situations in which both the treating physicians and the healthcare facility were found to be negligent, the maximum compensation for pain and suffering is $250,000 to $750,000.
Why Do I Need A Medical Malpractice Attorney?
A medical malpractice lawyer may use a team of attorneys that have significant experience in medical negligence lawsuits. Our lawyers want to assist you in navigating the intricacies of a medical malpractice claim by:
- determining if you have a claim
- helping you collect the evidence and medical records you need for your case
- determining the potential value of your claim
- identifying the potentially liable parties
- questioning expert witnesses
- helping you understand the relevant laws and your rights
- handling the complicated process of filing the claim and taking it to court, if needed
Is There A Time Limit For Filing A Lawsuit?
If you or a family member believe you have been the victim of medical negligence, do not procrastinate. In certain jurisdictions, a statute of limitations restricts the amount of time you have to file a medical malpractice claim. If you do not submit your case within this period, you will miss your chance to receive compensation from the liable party.
We Hold Medical Providers Accountable
We handle the most serious, high-stakes malpractice claims: those involving irreversible nerve damage, paralysis, brain damage, spinal cord trauma, and organ failure. We also serve victims of medical negligence that have perished.
We have established a national reputation as the go-to law firm for medical malpractice in undiagnosed kidney disease. Our attorneys have obtained unrivaled success on behalf of clients who underwent dialysis, transplants, and other problems related to kidney failure, as well as families whose loved ones died prematurely from end-stage kidney disease.
We have handled a wide range of medical malpractice and hospital negligence claims, including:
- Cancer and other serious illnesses often go undetected.
- Treatment of an injury in the emergency department after being initially misdiagnosed.
- Failure to monitor patients due to negligence on the part of a hospital.
- Inappropriate surgical techniques that result in harm, infection, nerve damage, or death.
- Anesthesia mistakes leading to brain injury or death
- Accidents in which radiologists and lab workers caused significant or irreversible damage.
- Medication mistakes such as incorrect doses or contraindications .
- Brain damage or physical impairments as a consequence of neonatal care and birth injuries
Medical Malpractice Related To Anesthesia Deaths or Disabilities
When you are put under anesthesia, you are entrusting your life to a medical expert. The use of anesthesia requires careful preparation, execution, and monitoring. During surgery, anesthetic doses that are too low may result in excruciating pain or a frightening state of consciousness. Anesthetic dosages that are too high can cause your heart to stop or cause brain damage.
While there’s always a danger when you get anesthesia, certain blunders — such as neglecting to monitor a patient’s vital signs while he or she is under — should never happen. It’s conceivable that an avoidable anesthesia blunder was to blame if a loved one died or had an inexplicable accident during surgery.
Texas Personal Injury Lawyers has a track record of success in medical malpractice cases, including claims against anesthesiologists and hospitals for the adverse effects of anesthesia. We assist with anesthesiology-related malpractice lawsuits throughout Texas and the United States. For a free case call us at (888) 997-2148
Representing Children Who Have Suffered
Nothing is more devastating than discovering that your infant was born with catastrophic injuries. The majority of the time, the problems are caused by the obstetrician, midwife, or hospital personnel who either caused the damage directly or should have recognized about it ahead of time.
Texas Personal Injury Lawyers fight hard for families who have been victims of obstetric negligence and other types of medical malpractice. We can meet with you for no cost, and if we accept your case, we will do all work on a contingency basis, charging no attorney fees until you receive
Do You Suspect Malpractice?
If you have yet to receive answers about what happened to your newborn, contact our specialists immediately to get started on a thorough investigation. We’ve handled birth injury claims in Texas and across the state successfully.
Did A Doctor Harm Your Infant Or Fail To Foresee Complications?
The two most common categories of birth injuries are as follows: Through medical professionals’ negligence in prenatal care, childbirth, or the neonatal care unit, children may be injured.
- Oxygen deprivation during delivery can cause cerebral palsy.
- Erb’s palsy as a result of excessive force or improper delivery techniques
- Untreated jaundice or lung ailments after birth
- Failure to perform a timely cesarean section
Another form of birth trauma is equally awful. Babies are frequently harmed before birth or display abnormalities or diseases that might require unusual birth procedures. It is the duty of the hospital, obstetrician, or any other medical professional to detect and correct these problems before a baby is born.
The baby may live, but will have to cope with either lifelong disabilities or a short life of medical issues. Birth injuries are both expensive and emotionally demanding for a family, especially when a kid requires 24-hour care. We strive to obtain reasonable compensation that includes costs, pain, and future requirements.
Brachial Plexus Injuries From Delivery Errors: What To Know
Brachial plexus problems caused by hard deliveries can result in Erb’s palsy, which is an arm weakness or paralysis. It’s a horrible ailment that is often avoidable.
Was The Injury Preventable?
The brachial plexus is a collection of nerves in the neck and shoulder that controls arm movements. If a baby gets trapped in the birth canal during delivery, he or she might damage this nerve bundle. The mother’s pelvis can break during delivery, when the baby is large and/or prolonged labor occurs. Only the upper nerves are damaged in most situations, resulting in Erb’s palsy. Both the upper and lower nerves are susceptible to injury in some situations.
The following are some examples of brachial plexus injuries that may be prevented:
- Delayed caesarian section
- Misuse of forceps or extraction pump
- Failure to respond to fetal distress
Brachial Plexus Injuries: Symptoms And Treatment
A brachial plexus injury can result in a variety of symptoms in the hand, arm, or shoulder. Your kid may be unable to lift his or her arm above shoulder level, for example. Most minor brachial plexus injuries heal on their own in two years. Some youngsters, however, develop paralysis and muscle wasting.
You should seek medical treatment for your child even if the brachial plexus injury looks light. You should also consult an experienced and sympathetic birth injury lawyer. We may seek compensation if your kid has a permanent harm and need assistance to cope with the problems he or she will face.
Always Make Your Health The Top Priority
According to a research published in BMJ Quality & Safety, 12 million patients each year have their medical problems misdiagnosed by their physician. That is nearly 5 percent of the people who visit a doctor on an outpatient basis in the United States.
Causes Of Misdiagnosis And Other Medical Errors
In many situations, medical mistakes are caused by health care businesses’ efforts to minimize expenses. Many doctors have been compelled to see the maximum number of clients in the quickest time as a result of economic factors.Unfortunately, this sometimes results in physicians who issue prescriptions rather than taking the time and effort to examine a patient’s situation.
Here are a few examples of how misdiagnoses can happen:
- Physicians are being forced to see a growing number of patients, leaving them with less time to spend with each patient.
- Physicians may forgo pricey tests or imaging if they must transport the patient to a different facility to complete them.
- Doctors who specialize in general practice may neglect to refer a patient to an expert who could accurately diagnose the problem.
- The pressure to review test results rapidly puts technicians under strain, resulting in a greater number of mistakes.
Contact our attorneys for a free case evaluation if you have been injured or your loved one has perished as a result of a misdiagnosis of a serious medical condition.
Medical Malpractice Related To Emergency Room Staff
It’s quite possible that the emergency department will be crowded when you arrive. Patients who come to the ER in an emergency may already be gravely ill when they enter. However, this does not absolve Emergency Room doctors and nurses from accountability for poor judgments or insufficient care.At the end of the day, emergency room personnel have a greater responsibility to deliver immediate diagnosis and appropriate therapy when a person’s life is on the line.
Medical Malpractice Of Emergency Room Physicians
Emergency medical technicians (EMT) and emergency medical services, or EMTs and paramedics, are a type of ambulance service that responds to calls from individuals who need help. EMT doctors and nurses have received significant training in dealing with acute injuries and life-threatening illnesses. This consists of procedures for evaluation and testing, diagnosis and treatment, and monitoring and release from ER care.
When emergency room personnel draw incorrect conclusions or fail to follow hospital procedures, the consequences can be catastrophic. We pursue compensation for ER blunders that result in significant damage or death, such as:
- Failure to identify heart attack or stroke
- Failure to identify sepsis or internal bleeding
- Failure to diagnose appendicitis or meningitis
- Errors in intubation or emergency surgery
- Medication errors (overdose, cross-reactions)
- Lab errors
We look at the record of what occurred from the time our client arrived at the emergency department. Did intake staff do a complete examination or ask basic inquiries? Was the patient left in a hallway or unattended room? How long did it take for the doctor to examine you? Was a physician examination necessary? What tests or procedures was the doctor ordering, and what were they checking for? Was the patient brought in or kept for observation? Was a diagnosis given to someone who was sent home without one only to collapse soon after?
We want you to concentrate on getting your health back on track or coping with the loss of a loved one. Our legal team will handle the medical professionals and insurance companies, ensuring that you receive all of the compensation you deserve.
Medical Malpractice Related To Misdiagnoses
People go to the doctor or hospital when something is wrong. Doctors, nurses, and healthcare experts are trusted for timely diagnosis and appropriate treatment by patients. When a diagnosis is delayed or the diagnosis is incorrect, the patient may experience secondary problems as well as a deteriorating condition. Unfortunately, the opportunity to treat the sickness may be lost, resulting in irreversible damage or early death.
Medical Malpractice In Undiagnosed Conditions And Misdiagnosis
Our legal department has a long history of handling hospital and medical litigation. We’ve won record-breaking judgments for clients in high-profile cases involving diagnosis mistakes, including several instances where a physician or hospital staff failed to diagnose. You might have grounds to sue a doctor or other hospital workers for failing to diagnose:
- Breast cancer and other cancers
- Kidney disease
- Heart attack
- Stroke or pulmonary embolism
- Internal bleeding
- Serious infection
A missed diagnosis of cancer or another disease in an early stage prevents patients from receiving a curative treatment or a less invasive cure. Even in the case of incurable cancer, not recognizing it may result in the loss of therapies that could relieve pain and extend life by months.
We collaborate with top medical professionals who can analyze the medical records and attest that the doctors did not detect telltale indicators, failed to order appropriate tests, misinterpreted lab reports or otherwise missed a diagnosis that a responsible physician would have made.
We understand that dealing with the deteriorating health of a family member takes precedence over anything else. We have extensive experience assisting clients and their loved ones throughout the legal process of financial compensation. We realize that any other problem might take precedence above the illness of a family member. Unfortunately, medical expenses, treatment, additional operations, and lengthy hospital stays can rapidly add up to financial ruin for the whole family.
We’d prefer it if you concentrated on regaining your health or dealing with a loved one’s death. Our legal team will deal with the medical professionals and insurance companies.
Medical Malpractice When The Hospital Makes A Mistake
Hospitals are full of individuals who work in health care, including doctors, nurses, pharmacists, and other medical staff. They are people nonetheless, and errors happen. However, there should never be a scenario where a patient is given the incorrect medicine.
Texas Personal Injury Lawyers deal with medical negligence claims against hospitals in Texas and other states. We hold hospitals accountable when their misconduct causes significant harm or death.
Was The Hospital Negligent?
In Texas, doctors have a legal obligation to provide the same standard of care that a reasonably prudent health practitioner would have given under similar circumstances. If your hospital’s treatment fell short of this standard and you were harmed as a result, you might be able to pursue medical malpractice claims.
The list of potential medical malpractice claims against hospitals is long. Here are a few examples of hospital care that may be considered medically negligent:
- Failing to consult a patient’s medical history
- Failure to keep a patient’s medical history up to date
- Failure of a nurse to assist you
- Failure to monitor your condition
- Surgery errors
- Errors in administering anesthesia
- Lab test and medical imaging errors
- Hospital infections
There are dangers with any medical treatment, and just because you have had a serious accident does not mean the hospital was at fault. However, if your illness or the death of a family member was caused by the hospital’s failure to provide adequate care, you may be entitled to compensation for all of your losses.
We urge you to notify the hospital or the Texas Department of Health if there are any important mistakes. If the mistake results in a serious injury or death of a family member, you should contact a lawyer as well. Call (888) 997-2148 to speak with one of our attorneys about your case.
How To Choose A Medical Malpractice Lawyer
We encourage you to consult with our firm or another if you are considering filing a medical malpractice lawsuit. Nothing can reverse the damage done by a negligent medical practitioner, but your recovery from a medical malpractice lawsuit might substantially improve the quality of your life.
At Texas Personal Injury Lawyers, we provide a free consultation with no obligation during which we can learn more about you and vice versa. Our attorneys specialize on medical malpractice claims involving catastrophic injuries and wrongful death.
Here are five key questions to ask your lawyer before deciding who will represent your family:
- Does the firm hire the best medical experts? Expert testimonies and expert opinions are common in medical malpractice cases. Many attorneys obtain medical information from doctors who work for the firm. We feel that in-house clinicians have a lower degree of credibility than independent experts. As a result, we employ outside specialists from the top medical schools in the nation.
- Does the firm regularly try cases? With the hopes of negotiating a settlement, many law firms take on cases. Medical malpractice insurance companies have little motivation to give a fair settlement to a law firm that is unable or unwilling to try the case. Our attorneys represent more than half of the medical malpractice claims we accept.
- How many attorneys work for the firm?Most personal injury law firms have one or two lawyers, as well as a substantial staff of support personnel who undertake much of the labor. We can handle significant, complicated cases because we have a team of attorneys at our disposal. Our attorneys do their own thing rather than passing off responsibility to paralegals and back-office staff.
- Does the firm try cases for other lawyers? Many attorneys only take on medical malpractice claims with the intention of referring them out to another legal firm. We try our own cases. We also challenge medical malpractice claims for other law firms.
- Has the firm obtained favorable outcomes in cases similar to yours? You don’t want to hire a lawyer who is learning on the job. Our law firm has a track record of successful outcomes for our clients.
The Statute Of Limitations For Medical Malpractice Claims In Texas
A patient’s right to pursue a medical malpractice claim in court is limited by the state of Texas.
In Texas, a person who has been harmed by medical negligence has two years to take legal action. The two-year period starts on the date of the malpractice. The usual two-year statute of limitations “clock” generally starts ticking on the final day of that treatment if the medical mistake happened as part of a course of continuous medical therapy.
If the victim was a minor under the age of 12, a medical malpractice claim may be filed on his or her behalf anytime before his or her 14th birthday.
It’s vital to keep in mind that Texas courts pay little attention to whether or not the injured patient could have known (or, in the eyes of the law, should have known) about a health care provider’s mistake.The date on which the error occurred is the key date for purposes of the statute of limitations “clock.” (One major exception appears to be instances where a health care provider’s mistake was fraudulently concealed.)
Texas Civil Practice & Remedies Code section 74.251 has the details of the state’s medical malpractice statute of limitations.
The “Statute of Repose” In Texas Medical Malpractice Cases
In Texas, there is a statute of limitations for medical malpractice claims, which states that no matter when an injury caused by medical negligence was discovered or treatment ended, a case must be filed within ten years after the negligent act occurred. Cases filed more than ten years after the occurrence of the incident will almost certainly be removed by the court.
Texas Caps “Non-Economic Damages” In Medical Malpractice Lawsuits
Although there is a legal limit on damages in medical malpractice cases in Texas, it only applies to non-economic losses. Non-economic damages include compensation for pain and suffering, loss of enjoyment of life, anxiety and stress, and other subjective losses caused by the defendant’s negligence. Although Texas does not have a limit on non-pecuniary damages, they are not limited in this state.
The following are the highlights of the statute (you may access the entire text of Texas Civil Practice & Remedies Code section 74.301): In Texas, the highest amount that a claimant can receive in non-economic damages against a single physician or other health care provider is $250,000 per claimant (that means per injured patient in a particular lawsuit against one defendant). There is an overall cap of $500,000 per-claimant for non-economic damages when multiple healthcare companies are involved in a case. Finally, no single institution can be held liable for more than $250,000 in non-economics damages per claimant.
Notice Requirements And Expert Reports
A prospective plaintiff (typically through an attorney) must deliver written notice of the claim to each health care provider named in the lawsuit at least 60 days before the case is filed, according to Texas Civil Practice & Remedies Code section 74.051.
When patients file a lawsuit, they are required to provide each named health care provider with an “authorization form for the release of protected health information” as well as a “notice of claim,” which includes information about their alleged injury.
Finally, in Texas, each defendant named in a medical malpractice claim (or his or her attorney) must be served with an expert report—similar to an affidavit of merit—within 120 days after the case is filed. The document should summarize:
- the opinion of a qualified expert regarding the applicable standard of care
- the way in which the defendant failed to meet that standard, and
- the causal relationship between the failure and the harm inflicted on the plaintiff.
If the expert report is not filed within 120 days of the lawsuit’s commencement, the court may dismiss the case. If you have any concerns about how to file a medical malpractice claim in Texas.
Call us at (888) 997-2148 now for you free consultation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.