Midland Medical Malpractice Attorney

Medical malpractice can have a lasting impact on your life. Not only does it cause physical harm, but you may also be left in emotional and financial distress. When your health care professional fails to meet the acceptable standard of care, the consequences can be life-altering.

Misdiagnoses, surgical errors, and inadequate treatments can lead to you sustaining serious injuries and experiencing prolonged suffering and even a family member’s wrongful death. The aftermath of their negligence often leaves you and your family with substantial medical expenses, lost wages, and a diminished quality of life.

You have the right to take legal action to seek the compensation and justice you deserve.

If you want to learn more about your legal options, Barrera Law Group LLC is here to provide the support you need to rebuild your life after this traumatic experience. Contact a Midland medical malpractice lawyer in our office to help you take the next steps. Your initial meeting with our attorneys is free.

What Qualifies as Medical Malpractice in Texas?

When a health care provider provides treatment that is not up to the accepted standard of care in the medical community and causes patient harm, that is known as medical malpractice. Medical mistakes or negligence are major concerns across the United States. Research conducted by Johns Hopkins University suggests that medical errors were the third leading cause of death. Medical malpractice is defined as professional negligence by a health care practitioner.

Common Medical Errors That Lead to Legal Action

Several factors can lead to the filing of medical malpractice lawsuits in Midland, TX, including:

Misdiagnosis or Delayed Diagnosis

Unfortunately, many people are not properly diagnosed. Sometimes, doctors overlook indicators of serious illnesses. Other times, health professionals fail to order appropriate tests or misinterpret lab or test results. Any one of these mistakes can lead to delayed or missed diagnosis, which could prove fatal, especially in cases of cancer or other aggressive diseases.

Surgical Errors

When you head into the operating room, you trust your surgeons, anesthesiologist, and other support personnel. However, surgical errors are common, and they can happen when the surgery is performed on the wrong site or surgical instruments are left inside the patient. Even anesthesia errors, such as administering a patient an incorrect dosage or failing to monitor them, can be detrimental to the patient’s safety.

Birth Injuries

The birth of a newborn should be a happy occasion, but mistakes can lead to lifelong complications for both the child and the mother. Injuries that occur during childbirth are often the result of improperly using vacuum extractors or forceps. Also, sometimes, the medical personnel may fail to recognize signs of distress or even improperly perform a cesarean section.

Medication Errors

These errors can happen in the hospital or at home. If your doctor or other medical practitioner has simply prescribed the wrong drug or administered one that could have adverse effects, that could seriously affect the patient’s health and welfare.

Inadequate Follow-Up or Aftercare

In any case, proper follow-up care is essential for patient recovery. Neglecting aftercare can lead to complications and worsen the patient’s outcome. Health care providers who fail to follow up with patients could be held liable for any adverse effects they suffer.

Elements That Must Be Proven in Health Care Provider Negligence Cases

In medical malpractice cases like these, the responsibility falls on you and your attorney to establish the following four key elements to have a successful claim or lawsuit:

• Duty: The health care provider owed a duty of care to you. This is established with the doctor-patient relationship.
• Breach: Your provider breached that duty they owed you by failing to adhere to the standard of care.
• Causation: This breach of duty directly caused you harm (i.e., an injury or worsening of your illness).
• Damages: You suffered some type of actual damages, such as physical, emotional, or financial, as a result of the breach.

Who Can I Hold Liable for Medical Malpractice?

Any health care practitioner may be held liable for harm caused by their negligence. These individuals include but are not limited to:

• Physicians, including emergency room doctors, specialists, surgeons, anesthesiologists, etc.
• Nurses
• Physician assistants (PAs) or nurse practitioners (NPs)
• Pharmacists
• Dentists and orthodontists
• Optometrists and ophthalmologists
• Chiropractors
• Therapists
• Mental health professionals, such as psychiatrists and psychologists
• Laboratory technicians

The list above is certainly not exhaustive, nor are you restricted to only holding medical personnel liable for negligence. You may hold medical facilities, such as the following, liable if they implemented improper hiring practices or training procedures, for example:

• Hospitals
• Clinics
• Urgent care centers
• Nursing homes
• Hospices
• Mental health facilities
• Pharmacies
• Medical “spas”

Medical malpractice cases can be complex and involve multiple parties. If you want to learn more, consider scheduling a complimentary consultation with a Midland medical malpractice lawyer in our office.

The Statute of Limitations for Medical Malpractice in Texas

This time frame defines how long you have to file a lawsuit. Texas has a two-year limit from the date of the alleged malpractice or the completion of treatment for the condition.

In most cases, Texas follows the “discovery rule” for medical malpractice cases. That means the two-year period starts from when the malpractice occurred or when it was discovered. For example, the time frame may be extended if there is fraudulent concealment or injury could not have been reasonably found within the standard period. However, there are exceptions for cases.

If a minor (under the age of 18) suffers an injury from medical malpractice, the statute of limitations does not begin until they turn 18. In these cases, there is a statute of repose, which means there is an absolute 10-year deadline from the time of malpractice.

How Long Does It Take To Settle a Claim?

Unfortunately, there is no set time frame for settling a medical malpractice case in West Texas. Sometimes, it can take from several months to several years to settle these cases. Many factors can influence the timeline, such as:

• The complexity of the case
• The availability of evidence and expert witnesses to substantiate your claim
• The willingness of both parties to negotiate a settlement
• Attorney, client, and court schedules

If the case can be resolved before heading to court, it could take one to two years. However, if the claim is more complicated and requires court intervention, it could take several years to find a resolution.

Even straightforward cases can experience a few complications in the legal process. If you would like to learn more about your legal options and possible time life for settlement, schedule a case consultation with us at Barrera Law Group LLC.

Get the Help You Need for Your Midland Medical Malpractice Case

If you or a loved one has been a victim of medical malpractice, it is time to take action to secure the compensation you deserve. At Barrera Law Group LLC, our team is here to provide you with the support and representation you need during this challenging time.

Contact us today to discuss your case. We’ll connect you with a Midland medical malpractice lawyer who can help you navigate your potential claim.