Medical Malpractice

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We rely on doctors, nurses, and other medical professionals to properly diagnose and treat illnesses. We also expect them to correctly perform medical procedures and provide us with excellent treatment while we’re under their care. Medical professionals aren’t perfect, and they sometimes make mistakes. Unfortunately, careless errors among medical professionals are all too common and even more common than the public realizes. Some studies show that medical errors are the third-leading cause of death in the United States. Worst of all, patients who have been a victim of a medical mistake may be left with a catastrophic injury or with lifelong health issues. The economic and non-economic costs (such as quality of life) can be considerable, and this is the reason to seek help from a lawyer for medical malpractice near me.

Common Forms of Medical Malpractice in Houston, TX

Although each case is unique, medical malpractice can appear in many forms:

  • Failure to diagnose life-threatening diseases or conditions. Illness can quickly evolve from something that’s easily cured to a condition that proves fatal. In some cases, there is a limited window for a patient to receive successful treatment. When a physician isn’t thorough or waits too long in his  diagnoses, a patient may have irreversible injuries or even be robbed of their life;
  • Communication errors: Patients spending an extended time in a hospital receive treatment from rotating groups of physicians and nurses. When one shift ends, another begins. If medical professionals do not communicate clearly with each other, crucial information is not passed along, and a patient doesn’t receive adequate care;
  • Failure to obtain informed consent: Medical professionals are obligated to explain all risks associated with their treatments, whether it involves surgery or a potentially dangerous side effect of prescribed medication. When physicians or pharmacists fail to do their due diligence, the patient suffers;
  • Surgical error: Even minor surgical procedures can leave patients vulnerable to complications and infection. Patients must be able to trust that surgeons are operating under current best practices in their field. When they fail to uphold this duty, doctors and nurses can be held legally liable for resulting injuries or wrongful death. Common mistakes include performing a procedure on the wrong patient, operating on the wrong part of the body, excess or insufficient use of anesthesia, and leaving surgical instruments inside of patient;
  • Prescription mistakes: Patients trust their medical professionals to look for the harmful interactions with their existing prescription medication. Patients also expect to be alerted to allergens that trigger adverse reactions. Pharmacists especially must take great care to provide the right medication in the correct dosage. When they fail in this area, the result can be serious side effects and, in extreme cases, even death.

How to file a negligence claim in Houston

The high cost of malpractice insurance and potential threats to professional licenses make medical professionals reluctant to admit to errors in judgment or even concede simple negligence. Hospitals, doctors, nurses have insurance companies with a wide range of resources at their disposal, including experienced lawyers who will put up a strong defense to protect their clients. Thus, while liability for a medical injury may appear obvious, proving claims can be challenging. Victims can find help by looking on-line for a medical malpractice attorney near me.

Because medical malpractice claims are complex, they require the help of a Houston lawyer for medical malpractice who understands the technical aspects of a claim and can fight for the injured patient to receive fair compensation. A Houston medical malpractice attorney—most of whom offer a free initial consultation—know how to utilize medical records, scientific testimony, and the courts in building your case

Another risky area of care that with no room for error are injuries that occur either during pregnancy or at childbirth, which can result avoidable injuries to a mother or a child (or both). Types of injuries include (but are not limited to):

  • Anoxic brain injury
  • Birth defects
  • Perinatal Asphyxia
  • Perinatal Hypoxia
  • Prenatal Asphyxia
  • Birth injuries
  • Cerebral Palsy
  • Fetal Brachycardia
  • Forceps Injuries
  • Birth-Related Seizure Disorders
  • Brachial Plexus Palsy and Erb’s Palsy
  • Brain damage
  • Klumpke’s Palsy
  • Nerve damage
  • Shoulder Dystocia

Medical malpractice lawyer

Texas medical malpractice laws require evidence of negligence or a sub-standard quality of care to warrant a malpractice claim. Not all accidents or negative outcomes may be considered a legal issue – despite how severe. In short, malpractice is a complicated situation requiring experience. Many cases can be notoriously difficult to win. Going through the medical malpractice process can be an intimidating experience. Professionals and hospitals being sued for malpractice have insurance companies with their own skilled attorneys.

Why are malpractice cases so complex and why can they take so long? Medical malpractice cases evolve in stages: consultation with an attorney, investigation, tribunal, discovery, and settlement or trial. In addition, four elements must be met to have a legitimate claim of medical malpractice:

  • A medical duty of care
  • A breach of the duty
  • An injury caused by the breach
  • Damages

In Texas and Houston, there is a two-year statute of limitations for medical malpractice claims. This means that a suit must be filed no later than two years after the doctor’s negligent act or omission occurred. While there are some exceptions to the statute (which can be complicated), an injured party must meet the two-year time frame or they will be barred from bringing a lawsuit.

While nothing can fully compensate a victim for a serious medical injury or for the wrongful death of a loved one, the settlement a patient receives can help them better cope with the tragedy and focus on healing and health. That is why it is vital that patients contact a Houston medical malpractice attorney near them.

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