The doctor-patient relationship is often a matter of life and death, which is why medical practitioners are subject to a stricter duty of care than virtually any other professional service provider. Failing to meet the standard can have far-reaching, tragic consequences for patients and families. Our collective ability to trust doctors is partially dependent on negligent doctors being held to account when they fail to uphold their duty to patients.
Mistakes are an inherent part of the human condition that even rigorous training and decades of experience can’t always prevent, but the consequences of mistakes in a professional context do influence the appropriate legal recourse. If your health is seriously impacted because of an error a doctor made out of egregious negligence or malicious disregard, you deserve comprehensive compensation.
The aggressive medical malpractice attorneys at the Weycer Law Firm will uphold your rights in negotiations and through litigation if necessary. We will fight on your behalf for the maximum recovery that reflects the totality of damages caused by a medical practitioner’s failure to provide the necessary standard of care.
Damages We’ll Seek for You in a Medical Malpractice Claim
Economic Damages
Economic damages encompass the financial losses plaintiffs incur because of medical malpractice. These consist of the expense of corrective medical treatments, lost wages and a diminished earning capacity if the doctor’s actions (or inaction) resulted in a disability that impacts your ability to earn a living.
If the doctor’s negligence resulted in the death of a loved one, the funeral expenses and the estimated loss of financial support should also be included in economic damages. Calculating the full extent of economic losses can be complex, especially if the family member who passed was providing health insurance, pension benefits, Social Security or other retirement incomes.
If a household’s primary wage earner was severely injured or died due to medical malpractice, it will be necessary to calculate not only their current income and benefits but also potential future earnings in the context of lost career advancements and future opportunities. These calculations can be complex and often require the assistance of financial and economic experts.
Texas does not impose a limit on how much personal injury plaintiffs can pursue for economic damages, so plaintiffs can seek total reimbursement for these losses.
Non-Economic Damages
Non-economic damages are the damages that plaintiffs can suffer that don’t have a tangible dollar value but still impact you to such a degree that they demand proper compensation. These can include pain and suffering from the injury, the emotional distress victims feel while coping with a new disability and their reduced quality of life. Surviving family members may also be entitled to loss of consortium (or companionship) in the event of death.
Unlike economic damages, Texas caps non-economic damages in medical malpractice cases at $250,000 per defendant, with a maximum of $500,000 if there are multiple parties involved, like multiple specialists and the hospital that employed them.
Punitive Damages
Punitive damages are rarely involved in medical malpractice cases, but they’re not entirely unheard of. These damages are less about awarding the victim and more about punishing the reckless disregard of the doctor, nurse or provider’s actions.
If their behavior was particularly egregious or illegal – such as if they were inebriated while performing your surgery — the court may make defendants pay extra to penalize them and discourage similar behavior in the future.
How to Secure Adequate Compensation for Your Extensive Damages
You may be able to augment your claim’s chances of success by hiring a reputable attorney with experience representing medical malpractice cases. The skilled attorneys at the Weycer Law Firm are intimately familiar with how harmful medical malpractice can be and will work hard to increase your chances of maximizing your total compensation.
We’ll help you build a compelling case backed by thorough evidence and expert testimony. We work with skilled medical professionals who can attest to the care you should have received and explain in depth how the care you received fell short of the standard.
Clearly establishing the right course of action a responsible professional would’ve taken, and the consequences you suffered as a result, enables your legal team to highlight the liable party’s misconduct and clearly attribute your losses to their actions.
Our Houston Medical Malpractice Team Has a Proven Track Record of Successful Negotiations and Litigation
Medical malpractice cases are uniquely difficult in a number of ways. Expert testimony isn’t just a benefit – it’s a requirement for bringing malpractice claims in Texas. Finding and working with appropriately credentialed medical professionals requires significant resources – as does going toe-to-toe with deep-pocketed malpractice insurance providers and the army of attorneys they use to undermine injured people and their families.
We always work on a contingency fee basis – meaning we commit our resources to client advocacy with no up-front payment.
Injured Houston patients looking to file their claim as soon as possible can schedule a complimentary one-on-one case consultation with one of our medical malpractice attorneys today by calling (713) 668-4545.
