Houston Medical Malpractice Lawyer

When you or a loved one are ill or hurt, you should expect to receive proper treatment for your injuries or illness. Unfortunately, sometimes, doctors 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.

This is when you may need a Houston medical malpractice lawyer. Meeting with an attorney to discuss your potential case and rights is completely free, so reach out to have that free consultation now.

What Is Medical Malpractice?

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. Health care 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 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 health care professional or facility doesn’t provide an acceptable standard 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 health care 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 standard level of care, then they may be deemed reckless or negligent in their actions.

Some of these may include:

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

These are just 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, patients have a legal right to seek compensation.

Common Causes of Medical Negligence

Medical malpractice can occur due to various actions or failures by health care 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 health care provider can fail you or a loved one when you seek medical care.

Do You Have a Pursuable Health Care Provider Negligence 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:

A Duty of Care Existed

Duty of care refers to the health care provider’s responsibility to meet the commonly accepted level of care for a specific illness or injury. A 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 of these treatments must adhere to the professional standards in the industry.

There Was a Breach of Duty

A health care provider breaches the duty of care when they fail to meet the expected standards. 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 Exists

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.

You Sustained 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 claim, a Houston medical malpractice lawyer must show that the negligence caused you measurable harm. Attempting to do this without having legal training can prove challenging, which is why injury victims like yourself often hire an attorney to represent them.

If that’s what you’re considering doing, be sure to first have a free initial consultation with your prospective legal counsel to assess their ability to successfully prove your case. Contact us now to schedule your complimentary case review.

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 health care 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.
• The injured victim’s experiences are the patient’s own account of their health care experience. This can be used to help build a compelling case.

Specific Texas Laws and Requirements Apply to Cases Like These

In Texas, specific laws and requirements related to medical liability are outlined in Chapter 74 of the Texas Civil Practice & Remedies Code.

You’ll also need to consider these 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. It must 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.

Damage Caps

In medical malpractice cases, Texas imposes caps on noneconomic 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 noneconomic damages is $250,000 per defendant, with a total cap of $750,000 if multiple defendants are involved.

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.

When dealing with these intricate laws regarding Texas-based claims, you want a skilled and experienced Houston medical malpractice lawyer to assist you. Phone or email our office for a free case review today.

Compensation Available to Medical Negligence Victims?

When a patient suffers harm due to a health care 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.

Noneconomic 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 noneconomic 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 noneconomic damages up to $750,000.

Why You Need a Lawyer To Represent You If You Suffered Harm

Having a Houston medical malpractice attorney 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 Challenging Statutes

Medical malpractice claims involve complex state statutes, medical terminology, and deadlines.

An experienced 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

Medical malpractice attorneys specialize in this area of law. They know how to prove negligence, establish causation, and quantify damages, helping you show the four essential elements of a malpractice case.

You count on them to build a strong case based on solid legal principles.

Investigating and Gathering Evidence

A skilled attorney will thoroughly investigate your case.

They’ll collect medical records, expert witness statements, and other evidence to solidify your legal claim. With this strong foundation of evidence, it can be harder for the insurance companies and the health care provider’s legal team to deny your injuries.

Maximizing Compensation

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

Your lawyer ensures your case is well-prepared so you can fight for the composition you deserve.

Reach Out for Experienced Legal Assistance

If you’ve experienced medical negligence, don’t 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 today to learn how we can assist you with your medical malpractice case.