Medical Malpractice Lawyer in Texas

common examples of medical malpractice in Texas

Given the wide range of medical care provided by many types of healthcare providers, medical malpractice may occur in a variety of ways, with each case being unique. However, some of the more common examples of medical negligence include:

Surgical Error

Surgical errors are often the type of medical negligence that first comes to mind for many people, especially given the horror stories of various objects being left inside a patient’s body after a surgery or a surgeon removing the wrong limb or organ from a patient. Common examples of a surgery gone wrong in Texas include:

• Leaving an object or surgical instrument inside a patient
• Using either an excessive or insufficient amount of anesthesia on the patient
• Negligently damaging nearby organs or tissue while operating on the patient
• Operating on the wrong part of the patient’s body
• Performing a surgical procedure on the wrong individual

When patients undergo even a minor surgical procedure, they have a right to expect the surgeon to uphold their legal duty to perform the procedure with the necessary skill and applicable standard of care. If the surgeon breaches this duty and harms you, your medical malpractice lawyer can help you pursue the compensation you may be entitled to for any resulting injuries or damages.

Diagnostic Errors

Despite their years of education and ongoing training, physicians are not infallible and may make a mistake in diagnosing a patient’s illness or injuries. In some cases, this may rise to the level of medical malpractice, where the physician fails to exercise the applicable standard of care and a reasonable physician under the same circumstances would have made the correct diagnosis. Common diagnostic errors that may lead to malpractice claims include:

• Failing to diagnose cancer
• Failing to diagnose internal or underlying conditions that may cause serious harm if not diagnosed in time
• Failing to order necessary tests
• Failing to properly interpret the patient’s test results
• Failure to diagnose a stroke or heart attack in time

Failing to Obtain Informed Consent

Another common example of medical negligence occurs when a healthcare provider fails to obtain a patient’s informed consent before performing any operation or treatment. To obtain the patient’s informed consent, the physician or healthcare provider is generally required to adequately explain each risk that may be associated with the treatment, regardless of whether the treatment is a surgical operation or a prescribed medication with potentially dangerous side effects. If your doctor failed to obtain your informed consent before you agreed to any treatment and you were hurt as a result, you should call a medical malpractice lawyer to discuss your legal options.

Errors in Communication

Patients may also suffer injuries caused through incomplete or inaccurate communication among the constantly rotating staff of physicians or other staff, especially when the patient is staying in a hospital for an extended period of time. Healthcare providers must also make sure that communication between physicians, nurses, and other members of healthcare staff is thorough and complete so that critical information is not omitted or overlooked. Physicians and other staff must communicate clearly with each other about the patient’s treatment he or she is receiving, as well the patient’s current condition or symptoms, or any additional information that may be necessary to provide the patient with the appropriate level of care.

Negligence Involving Prescriptions

Patients also trust their physicians to use their expertise and training to know which prescriptions are safe for patients and how those prescriptions could cause an allergic reaction in the patient or could potentially cause harmful interactions with other prescription medications the patient is taking. Patients also trust that their pharmacist will fill the prescription using the correct medication in the correct dosage amount according to the doctor’s prescription.

Negligent errors by the physician or pharmacist involving a patient’s prescription medication could cause harmful side effects or even permanent or fatal injuries in some cases. If you were injured as a result of negligence by your doctor or pharmacist, a medical malpractice lawyer may be able to help you pursue any compensation you may be entitled to.

Should I hire a medical malpractice lawyer?

Texas law allows medical malpractice victims to pursue injury claims against both healthcare providers and healthcare institutions.

A hospital may be liable for your injuries for a variety of reasons, such as:

• Failing to properly train healthcare providers employed by the hospital
• Understaffing
• Discharging the patient prematurely
• Failing to prevent the patient from falling
• Failing to prevent pressure ulcers, also known as bed sores
• Failing to prevent the spread of hospital-acquired infections, such as “staph” infection
• Failing to ensure healthcare providers properly informed patients of all necessary information and risks of treatment and that the provider obtained the patient’s informed consent
• Failing to ensure the proper functioning of medical equipment in the hospital

While you may be able to pursue an injury claim against the hospital, these claims will be complicated and complex. It will be crucial for you to hire a skilled medical malpractice lawyer who can help level the playing field against the hospital and its team of expert lawyers.

how are medical malpractice claims different from other personal injury caseS?

Medical malpractice claims are often much more complicated than other personal injury cases, largely as a result of years of legal reforms designed to make it harder for injury victims to pursue compensation from healthcare providers who may hurt them. Texas, like many other states, imposes additional requirements on medical negligence victims, such as the requirement to notify any doctor or other health care provider of your intent to file a lawsuit at least 60 days before you actually file your lawsuit. The strict requirements imposed under Texas law make it essential that you hire an experienced Texas medical malpractice attorney as soon as possible so that your lawyer is able to help you meet each of these requirements and preserve your legal rights to seek compensation for any injuries or damages you may have suffered.

COMPENSATION FOR MEDICAL MALPRACTICE

Typically, damages for personal injury claims fall under two categories: economic or non-economic damages.  There may also be damages available in special circumstances, such as wrongful death or birth injury.

Economic Damages

The two main types of economic damages are medical expenses and lost wages. Medical expenses may include:

• Ambulance transportation
• Hospital fees
• Costs of rehabilitation and physical therapy
• Costs for possible future medical treatment

Lost wages represent the time you are off from work due to your injuries from the accident.  Lost wages may include:

• Bonuses
• Overtime
• Vacation time
• Loss of earning capacity

Non-economic Damages

Non-economic damages are losses or injuries that are suffered by an accident victim but are not defined in monetary terms.  Non-economic damages may cover:

• Pain and suffering
• Emotional distress
• Physical impairment
• Physical disfigurement
• A lowered quality of life
• Mental anguish

Damages in a Wrongful Death Case

Damages in a wrongful death case are meant to compensate the family members of the victim for funeral expenses and future financial losses, based on the contributions of the victim to their family.  Some states allow for families to receive damages based on loss of companionship or guidance.  Only certain family members are entitled to receive damages in a wrongful death action, usually members within the decedent’s immediate family, but this varies state by state.

Damages Resulting from Birth Injury

Because every case is different, there is no set amount for how much compensation a family may receive for a child’s birth injury.  Generally, you may be compensated for:

• Home accommodations
• Pain and suffering
• Medications and doctor and hospital visits
• Counseling and special education costs

Learn More: How to Calculate the Value of Case

does texas place any limits on the compensation you can seek in a medical malpractice lawsuit?

Following changes in law in 2003, Texas law now caps potential damages that your may help you pursue in medical malpractice lawsuits. These caps limit economic, noneconomic, and exemplary damages that can be awarded, with the following caps:

• $250,000 in noneconomic damages from each hospital, clinic, or medical center
• $250,000 in noneconomic damages from a single healthcare provider or from each individual healthcare provider involved in the lawsuit
• $500,000 in economic and noneconomic damages combined in a wrongful death claim based on 1977 dollars, with this cap currently exceeding $1.5 million after being adjusted for inflation
• Exemplary damages of either (a) $200,000 or (b) twice the amount of economic damages, in addition to noneconomic damages up to $750,000, whichever is more

Contact a mEDICAL mALPRACTICE lawyer near you today

An experienced medical malpractice lawyer may be able to help you seek compensation for your injuries or damages. Even in cases where the healthcare provider’s negligence may seem readily obvious, such as when a surgeon accidentally amputates the wrong limb, operates on the wrong patient, or leaves an object inside the patient, pursuing the compensation you may be entitled to can still be complicated in a medical malpractice case in Texas. To maximize your ability to seek compensation, you should hire an experienced medical malpractice attorney as soon as possible.

If you have been hurt by a doctor in Texas, call Zinda Law Group today to schedule your free consultation with one of our personal injury lawyers. We have years of experience handling medical malpractice claims and would be honored to discuss your legal options with you, as well as how to pursue a medical malpractice claim in Texas. Your attorney from Zinda Law Group can handle your case for you while allowing you to focus on recovering from your injuries.

Call (800) 863-5312 today for a free consultation with a medical malpractice lawyer from Zinda Law Group. You will not pay anything unless we win your case. That’s our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.