HOUSTON MEDICAL MALPRACTICE ATTORNEY
Medical Malpractice Law Firm in Houston, TX
What Is Medical Malpractice? How do Houston Lawyers Prove Their Medical Malpractice Cases?
Medical malpractice happens when someone living in Houston is injured at the hands of a health care provider, whether that be a nurse, doctor, pharmacist, or hospital employee. All healthcare professionals are held to a medical standard that sometimes isn’t upheld, resulting in injury or death.
A Johns Hopkins study performed by patient safety experts in 2016 made waves when it claimed an
estimated 250,000 Americans die as a result of medical errors each year. While many of the errors they
identified were related to administrative failures and a lack of safety nets, it’s inarguable that medical
errors happen at an alarming rate. Errors frequently go unreported and uncompensated due to a lack of
transparency and the healthcare system’s liability protections.
In most city/states, including Houston, TX, there are caps on medical malpractice claims. A plaintiff or their
surviving family member’s noneconomic damages are capped at $250,000 per doctor or medical center
and $500,000 in total from medical facilities.
Are Cases Hard to Win For Medical Malpractice Lawyers in Houston, TX ?
The Houston health care industry is insulated from malpractice claims by the high bars plaintiffs must clear to succeed in claim negotiations and in court. If your case goes to trial, you need to not only prove that the doctor’s actions constituted medical negligence, but also convince the jury to believe you and not the doctor they might be predisposed to trust.
Proving a medical error occurred by a Houston doctor also requires expert testimony from a training physician or a doctor in the same field. Every Houston resident that has been to a doctor, which pretty much means every Houston resident, knows how expensive a doctor’s time is. Getting expert testimony isn’t cheap and scheduling their time isn’t always easy.
The medical malpractice plaintiff’s legal team also has to do a lot of detail-oriented investigative work to prove a bad medical outcome was actually the result of negligence and not a benign mistake that doesn’t rise to the level of actionable negligence.
Houston personal injury attorneys who spend 90 percent of their time negotiating auto accident claim settlements might not have the necessary experience or resources to effectively tackle a complex medical malpractice case.
At the Weycer Law Firm, our willingness to take on deep pocketed health care insurance companies is one of the things that sets us apart from other Houston personal injury law firms. We’ve handled many medical malpractice cases and understand what it takes to negotiate a successful settlement or succeed in the courtroom.
Working With Your Medical Malpractice Lawyer to Prove Medical Negligence in Houston, TX
Houston Medical malpractice cases generally hinge on the doctor’s failure to provide the appropriate standard of care either through their actions or inactions. There are many steps that must be satisfied before that determination can be made.
- You and your Houston based legal team need to establish that a doctor-patient relationship existed between the allegedly negligent physician or you were owed a duty of care by the nurse, pharmacist or other medical professional
- A doctor in the same field or a medical training professional needs to testify to what the proper course of action should have been
- Your Houston medical malpractice attorneys will need to find evidence to clearly show that the treating doctor or health care professional’s actions fell short of the established standard of care
- It’s necessary to clearly define damages you or your family suffered, like extra medical costs, lost wages or emotional pain and suffering
What Does It Mean to Fail to Provide the Proper Standard of Care in Houston, TX?
“Standard of care” for a Houston based doctor essentially means do what a competent doctor should be expected to do in a specific scenario. Houston physicians are held to a higher standard of care than workers in other professions because they make life or death decisions for their patients.
An example of a Houston doctor failing to meet their standard of care could be writing the wrong medication prescription for a patient. The outcome of medical mistakes can vary dramatically. There’s a huge difference between a doctor prescribing a medication you’re allergic to or one with dangerous drug interactions and a doctor give you a placebo instead of antibiotics.
The injury you or a loved one suffers due to the severity of the doctor’s mistake ultimately determines the damages to which your family may be entitled.
Proving a Houston doctor failed to meet their duty of care requires an affidavit and sworn statement from an appropriately trained medical professional in the same field. Houston medical professionals need to meet specific expert witness standards to provide this type of testimony. These requirements are spelled out in Texas Civil Practices & Remedies Code Ann. §74.351.
According to Texas law, experts must:
- Be a practicing physician
- Have the experience or training necessary to provide an expert opinion on the specific standard of care at issue
In most cases your Houston medical malpractice lawyer will need to find a physician that is board certified in the specific area of medicine related to the case. For example, if you’re suing an orthopedic surgeon for mistakes during a hip replacement surgery you would need testimony from a board-certified orthopedic surgeon.
Types of Medical Malpractice Cases Lawyers have seen in Houston, TX
Most medical malpractice errors that occur in Houston, TX fall into one of three categories: failure to warn, failure to diagnose or negligent treatment.
A failure to warn occurs when a doctor doesn’t tell you about all the risks of a procedure, treatment or medication they are prescribing. It’s important patients are fully aware of the risks they face before agreeing to receive any treatment.
Failure to diagnose can be a bit more complicated. It’s generally necessary to prove your symptoms or condition should have been diagnosed by a doctor. Proving failure to diagnose can be difficult if your symptoms match many potential ailments. It’s necessary to prove your symptoms or diagnostic results clearly pointed to one specific condition but your doctor still failed to identify or diagnose your illness.
Negligent treatment means the doctor, nurse or medical professional who was treating you made a mistake during the treatment. An anesthesiologist using too much anesthesia or a doctor amputating the wrong limb during a surgery would be examples of treatment mistakes that are likely actionable.
Contact An Experienced Houston Medical Malpractice Attorney
The Houston medical malpractice attorneys at The Weycer Law Firm have over 35 years of combined experience in handling medical malpractice cases. The attorneys at the Weycer Law Firm have collected millions of dollars for their clients. Contact our experienced medical malpractice attorneys. We’re here to fight for you.
Injured at the hands of a medical professional in Houston, TX? Discuss your case for free now.
How A Houston, TX Medical Malpractice Lawyer Can Help
Medical malpractice claims in Houston, TX are hard to prove and requires the expertise of someone that’s handled these types of cases and claims before. The experienced team of Houston medical malpractice lawyers at the Weycer Law Firm know what it takes to find those accountable and provide you with the justice your family deserves.
Medical Malpractice FAQ
What should I do if I suspect I or a member of my family have been injured due to medical malpractice in Houston?
If you suspect your injuries or complications are a result of medical malpractice, it’s important to act quickly to increase your chances of securing maximum compensation. Start by documenting any symptoms or complications you’re experiencing and seek medical attention for any immediate health
concerns. Getting a second opinion from another doctor or specialist is vital for establishing what should or should not have been done when addressing your healthcare concerns.
After you’ve received medical care and a second opinion, consult with a personal injury attorney in who can assess your situation, guide you through the legal process and help you gather relevant evidence.
Can I sue for medical malpractice if I signed a consent form?
Signing a consent form does not automatically preclude you from pursuing a medical malpractice claim. While consent forms typically acknowledge the risks associated with a medical procedure or treatment, they do not absolve healthcare providers of their duty to provide care that meets the standard of care expected in their profession.
If you believe that you have been harmed due to negligence, error or a breach of the standard of care by a healthcare provider, you may still have grounds for a medical malpractice claim. It’s important to consult with a knowledgeable personal injury attorney to evaluate the specifics of your situation.
Factors such as the nature of the procedure, the information provided to you before signing the consent form and the actions (or inactions) of the healthcare provider will all be considered in determining whether or not you have a viable claim.
How long does a medical malpractice case take to resolve?
The timeline for resolving a medical malpractice case can vary significantly, often relying upon many variables in each case’s unique circumstances. Factors such as the complexity and intricacy of the medical issues involved, the extent of injuries and the availability of evidence can all influence the duration of the legal process.
The willingness of the parties involved to negotiate a settlement out of court versus proceeding to trial can also substantially impact the timeline. As a result, while some medical malpractice cases may be resolved within a relatively short timeframe, others may go on for several years before reaching a final outcome.
Are there caps on medical malpractice damages in Houston?
Texas does have caps on certain types of medical malpractice damages. These caps limit the amount of compensation that can be awarded to plaintiffs in medical malpractice cases for certain types of damages, such as non-economic damages like pain and suffering. For healthcare providers, the cap is $250,000 and for hospitals, the cap is $500,000. However, these caps are subject to change, and the specifics of each case can influence these limitations. This is why individuals pursuing medical malpractice claims in Houston should always consult with a knowledgeable attorney who can offer guidance on the potential impact of damage caps on their case.
How do Texas laws impact medical malpractice?
Texas law has a significant impact on medical malpractice cases. Texas has enacted a two-year statute of limitations that restricts the timeframe within which personal injury claims, including medical malpractice lawsuits, can be filed.
Medical malpractice can be slightly more complicated than other types of injuries in that patients don’t always realize they suffered an illness or injury related to medical care until months or years after initially receiving treatment. In those cases, the countdown starts when the injury or illness was discovered rather than the date on which treatment was administered.
Texas also follows a modified comparative negligence rule. This means that if a plaintiff is found partially responsible for their injuries, their compensation may be reduced or even taken away altogether depending on the extent of their fault.
Why is expert testimony important?
Medical malpractice claims involve complex medical issues that are often beyond the understanding of most people. Expert witnesses in these types of claims must be experienced healthcare professionals in the same field as the defendant. They provide special knowledge and insight into the standard of care expected in a particular medical situation.
They can analyze medical records, procedures and outcomes to determine whether the defendant deviated from this standard of care, which led to the plaintiff’s injuries or damages. Expert testimony can also help educate judges and juries on technical medical concepts, helping them make informed decisions about the case.
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