Houston Medical Malpractice Lawyer

When you or a loved one are ill or hurt, you expect to receive proper treatment for your injuries or illness. Unfortunately, sometimes, a doctor can make a medical error, which can lead to misdiagnosis, additional illnesses or injuries, and even death.

In these situations, patients and their families are left with substantial medical bills and permanent medical issues. One devastating aspect of these cases is that they could have been prevented if the provider treated them with an acceptable level of care.

When a doctor, nurse, or other medical professional has failed to provide you with an acceptable level of care, you may be able to file a medical malpractice lawsuit against them. Those healthcare providers who have acted recklessly or negligently should be held accountable for their actions. When they fail you, they fail the entire medical profession.

If you have been affected by a medical issue, and you believe it was caused by negligence, contact the legal team at Barrera Law Group LLC. Our Houston medical malpractice lawyer can help you determine the next steps for your case.

What Is Medical Malpractice?

If you go to the doctor, take their advice, and still do not recover from an illness, is this considered medical malpractice? Not exactly. Some specific elements must be met in these cases to file a lawsuit.

Medical malpractice occurs when a healthcare professional or facility does not provide the acceptable level of care. In turn, that results in an injury or death of a patient. Unfortunately, these cases are not uncommon. According to the National Practitioner Data Bank, there were over 3,200 Texas medical malpractice reports in 2023 alone.

Most of the time, these cases involve a healthcare professional making a medical error. When these individuals fail to take the necessary actions to treat a patient, such as providing the appropriate treatment or delivering a substandard level of care, then they may be deemed reckless or negligent in their actions.

Some of these medical professionals may include:

• Doctors
• Nurses
• Anesthesiologists or other medical specialists
• Hospital staff
• Clinics
• Dentists
• Optometrists
• Chiropractors
• Lab technicians

The above are only a few medical professionals who could be named in a lawsuit. If they failed to live up to the acceptable level of care and caused harm, they could be liable for any injuries to a patient.

When that happens, the patient has the legal right to seek compensation from them.

Common Causes of Medical Negligence

Medical malpractice can occur due to various actions or failures by healthcare providers. Some scenarios that may lead to medical malpractice often include:

• Failing to diagnose or misdiagnosing an illness
• Performed unnecessary surgery
• Misinterpreting lab results
• Disregarding symptoms
• Failing to order appropriate tests
• Failing to gather information about the patient’s history
• Making surgical errors or wrong-site surgeries
• Prescribing the wrong medication or dosage
• Discharging patient prematurely
• Failing to follow up or offer aftercare instructions

The above is just a sample of how a healthcare provider can fail you or a loved one when you seek medical care.

Do You Have a Case?

If a medical provider has failed to provide adequate medical treatment, and you or a loved one experienced some harm, you could have a legal claim. However, your legal team will have to establish four elements of a medical malpractice case. They include:

Duty of Care

Duty of care refers to the healthcare providers’ responsibility to their patients in a doctor-patient relationship.

The provider must give competent and reasonable care when a patient seeks medical attention. Generally, this duty will include most aspects of medical care, such as diagnosing illnesses, prescribing treatments, performing surgeries, and managing a patient’s well-being. All these treatments must adhere to the professional standards in the industry.

Breach of Duty

A healthcare provider can breach their duty when they fail to meet the expected standard of care. In other words, when they fall short of what a reasonably skilled and trained professional would have done under similar circumstances, that is known as medical negligence.

When a provider’s actions deviate from accepted medical norms, it constitutes a breach of duty.

Direct Causation

With direct causation, an established link between the provider’s negligence and the patient’s harm must be established. When it comes time to file a lawsuit, a legal team must demonstrate that the provider’s actions (or inactions) directly led to the injury or worsened the patient’s condition.

For example, if a physician’s failure to diagnose cancer results in delayed treatment or death, that is where direct causation exists.

Damages

Finally, damages are the direct physical, financial, or emotional harm suffered by the patient due to medical negligence. These damages, or losses, can include pain and suffering, medical expenses, and lost wages.

If you want to pursue a successful malpractice claim, your Houston medical malpractice lawyer must show that the negligence caused measurable harm.

What Evidence Can Prove Malpractice?

When it comes time to file a medical malpractice lawsuit, evidence becomes a critical part of the process. Some of the evidence used in these cases can include:

• Medical records can establish a standard of care provided and any deviations from it. These records also provide details regarding the patient’s treatment, diagnoses, medications, surgeries, and adverse events.
• Hospital records are another piece of evidence that provides a comprehensive view of the patient’s care. They often include admission notes, progress reports, discharge summaries, and test results. Plus, they can provide insight into the patient’s treatment process and any errors.
• Photographs, X-rays, and visual evidence showing the patient’s physical injuries resulting from malpractice are essential.
• Expert witness statements give professional opinions on the standard of care and whether it was breached.
• Diagnostic tests, such as lab results, imaging studies, or biopsies, can reveal misdiagnosis or delayed diagnosis, helping to establish causation.
• Statements from witnesses, including other healthcare professionals or family members, can provide observations about the medical professional’s negligence or adverse events from the injuries.
• Records of damage can document the patient’s injuries related to medical bills, lost wages, pain and suffering, and emotional distress.
• Injured victim’s experience will detail the patient’s own account of their experience to help build a compelling case.

Winning a medical malpractice case requires proving all elements of the claim by a preponderance of the evidence. Gathering this evidence to prove all the elements requires the help of a skilled and experienced Houston medical malpractice lawyer.

Texas Has Specific Laws and Requirements

In Texas, specific laws and requirements related to medical liability are outlined in Chapter 74 of the Texas Civil Practice & Remedies Code. You will need to consider a few points for your legal claim.

Expert Reporting Requirement

When a plaintiff files a medical malpractice lawsuit, they must submit an expert report within 120 days of filing. The report will outline the alleged negligence and the standard of care that the defendant breached. A qualified expert in the relevant field must prepare the report.

Thresholds for Filing Lawsuits

Texas law sets specific thresholds for filing medical malpractice lawsuits. Before proceeding with a lawsuit, the plaintiff must obtain an expert report indicating a reasonable negligence probability.

The case may be dismissed if the report doesn’t meet this threshold.

Caps on Non-Economic Damages

In medical malpractice cases, Texas imposes caps on non-economic damages, such as pain and suffering. These caps vary based on factors like the number of defendants and the severity of the injury.

For example, as of 2024, the maximum cap for non-economic damages is $250,000 per defendant, with a total cap of $750,000 if multiple defendants are involved.

Joint and Several Liability

Texas follows a modified version of joint and several liability. Each defendant is responsible for their proportionate share of damages. Still, if a defendant is found to be more than 50% responsible, they can be held jointly and severally liable for the entire amount.

Statute of Limitations:

The statute of limitations in Texas for medical malpractice claims is two years from the date of the alleged negligence. However, there are exceptions. If the patient discovers the injury later, the two-year clock starts ticking from the date of discovery.

Also, if the patient receives continuous treatment for the same condition, the statute of limitations may begin on the last day of that treatment. The statute of limitations for minors starts when they turn 18.

With these intricate laws regarding Texas-based claims, you will want a skilled and experienced Houston medical malpractice lawyer to assist with your case.

What Type of Compensation Is Available?

When a patient suffers harm due to a healthcare provider’s negligence, you may seek compensation for the following losses:

Economic Damages

These damages are quantifiable losses that can be calculated. They cover tangible financial losses resulting from the malpractice, such as:

• Medical expenses, such as hospital bills, medications, surgeries, rehabilitation, and other ongoing care needs.
• Lost income and earning capacity due to treatment of the injuries suffered by medical negligence.
• Additional financial losses related to the provider’s negligence, including home modifications, specialized equipment, or transportation costs.

Non-Economic Damages

These damages compensate for intangible losses that are not monetary but can affect an individual’s quality of life and well-being. They can include:

• Pain and suffering from the physical pain, emotional distress, and mental anguish caused by the malpractice.
• Loss of enjoyment of life occurs when activities they once enjoyed are diminished due to malpractice.
• Disfigurement or scarring compensation is available for visible physical changes resulting from the provider’s negligence.

Punitive Damages

Unlike economic and non-economic damages, punitive damages serve a different purpose. These awards occur when the provider’s actions are egregious and show a reckless disregard for the patient’s safety.

Also, punitive damages are capped at the greater of $200,000 or two times the amount of economic damages, along with the amount equal to non-economic damages up to $750,000.

Why You Need a Lawyer

Having a Houston medical malpractice lawyer by your side is essential if you’re dealing with potential medical issues due to negligence. Here are a few reasons why you should seek professional legal representation:

Navigating These Challenging Statutes

Medical malpractice claims involve complex state statutes, medical terminology, and deadlines. An experienced Houston medical malpractice attorney understands the local laws, court system, and the difficulties of medical negligence cases. From filing the initial claim to the settlement phase, your attorney will be with you every step of the way.

Experience in Medical Malpractice Laws

You don’t want a general attorney for these cases. Medical malpractice attorneys specialize in this area of law. They know how to prove negligence, establish causation, and quantify damages. With that, they can help you demonstrate the four essential elements of a malpractice case. And you count on them to build a strong case based on solid legal principles.

Investigating and Gathering Evidence

A skilled medical malpractice attorney will thoroughly investigate your case. They’ll collect medical records, expert witness statements, and other evidence to solidify your legal claim. When you have a strong foundation of evidence, it can be harder for the insurance companies and the healthcare provider’s legal team to deny your injuries.

Maximizing Compensation

A Houston medical malpractice lawyer will fight for your fair compensation and will assess your damages, including economic losses and non-economic losses. With their negotiation skills, you can get a better settlement or, if necessary, a successful trial outcome.

A Houston medical malpractice lawyer ensures your case is well-prepared so you can fight for the composition you deserve.

Reach Out for Experienced Legal Assistance

When you have a medical negligence case, you don’t want to entrust your case to just any law firm. You need a reputable and experienced Houston medical malpractice lawyer to fight on your behalf.

At Barrera Law Group LLC, we have more than 18 years of experience. Over the years, we have successfully handled these types of cases, providing our clients with substantial results.

If you are ready to schedule a no-cost, no-obligation case evaluation, we are ready to hear from you.

Contact us by phone or through our convenient online form and find out how we can assist with your medical malpractice case.