Houston Medical Malpractice Attorney

Malpractice happens when a healthcare provider deviates from the commonly accepted standard of care, leading to injury or death. In a city as large and medically advanced as Houston, we should expect high-quality, error-free healthcare. Still, mistakes can happen, and the consequences can be devastating when they do.

Whether it’s a misdiagnosis, surgical error, or medication mistake, medical malpractice can leave patients facing long-term health complications, financial burdens, and emotional trauma.

If you or a loved one has suffered injury or illness due to medical negligence, a Houston medical malpractice lawyer can help you navigate the legal system and fight for the compensation you deserve.

Find out how the legal team at Barrera Law Group LLC can assist with your claim.

What Is Medical Malpractice?

According to the National Practitioner Data Bank, there were over 3,200 Texas medical malpractice reports in 2023 alone.

Medical malpractice is a complex personal injury law area that requires legal and medical expertise and experience. Of course, not every medical error is malpractice, and for a successful claim, you must prove that the healthcare provider’s actions deviated from the accepted standard of care (see more below) and that deviation directly caused you injury or illness.

Usually, these cases involve a healthcare professional making a medical error, but many other people in the medical chain of events may also be responsible.

Just like doctors, when these individuals fail to take the necessary actions to treat someone, such as providing proper treatment or meeting a standard level of care, they could be deemed reckless or negligent.

Some of these may include:

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

These are just a handful of the medical professionals who might be named in a lawsuit.

The bottom line is – if they failed to provide an acceptable level of care and caused you harm, they could be liable for any injuries you experience as a result.

If that happens, you and your family have a legal right to seek compensation for your losses.

Types of Medical Malpractice Cases

Medical malpractice can take many forms, and each case presents unique challenges. Below are some of the most common types of medical malpractice claims in Houston:

Misdiagnosis or Delayed Diagnosis

A misdiagnosis occurs when a doctor incorrectly identifies a patient’s condition, leading to inappropriate or ineffective treatment. Delayed diagnosis happens when a doctor fails to diagnose a condition promptly, worsening the illness or injury. Both situations can have serious, sometimes even fatal, consequences.

For example, a misdiagnosis of cancer could prevent a patient from receiving life-saving treatments in time. In such cases, a medical malpractice lawyer will gather medical records and expert testimony to show that a reasonably skilled doctor would have made the correct diagnosis under similar circumstances.

Surgical Errors

Surgical errors are among the most severe forms of medical malpractice. While all surgeries carry risks, some errors are entirely preventable and can cause lasting harm. Common surgical mistakes include operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure.

In these cases, patients may suffer from severe complications, wound-site infections, or require additional surgeries. A Houston medical malpractice lawyer will work hard to show that the surgeon’s actions fell below the accepted standard of care, harming the patient.

Medication Errors

Medication errors occur when a healthcare provider prescribes the wrong drug, administers the incorrect dosage, or fails to account for a patient’s allergies or existing medications. These errors can result in harmful drug interactions, overdose, failure to treat the patient’s condition effectively, or worse.

For example, a doctor might prescribe a drug that interacts dangerously with a medication the patient is already taking. In these instances, a lawyer will investigate whether the prescribing physician, pharmacist, or hospital staff acted negligently.

Birth Injuries

Birth injuries are heartbreaking and can have life-long consequences for both the child and the parents.

These injuries can occur during pregnancy, labor, or delivery. They may be caused by using the wrong medical tools, not monitoring the baby’s vital signs, or performing a delayed C-section.

Some of the more common birth injuries include cerebral palsy, Erb’s palsy, brain damage, and shoulder injuries. Your attorney can help pursue compensation to cover the extensive medical care and therapy often required in these cases.

Anesthesia Errors

Anesthesia errors are an extremely dangerous facet of medical malpractice, as patients are unconscious and can’t communicate their discomfort or problems during surgery. Common errors can include administering too much or too little anesthesia, failing to monitor the patient’s vital signs, using the wrong anesthesia for the procedure, or not recognizing potential medication interactions.

Mistakes like these can lead to serious complications, including brain damage, heart attack, or even wrongful death. An experienced attorney will analyze your medical records and consult with experts to prove that the anesthesiologist’s negligence caused or worsened your injury.

How a Houston Medical Malpractice Lawyer Can Help

Unfortunately, hospital negligence and medical malpractice still occur far too often in the United States.

Data from the American Medical Association (AMA) show that nearly one-third (31.2%) of physicians reported in 2022 that they had previously been sued for negligence or error.

Even so, medical malpractice cases can be difficult to prove, as they often involve complex medical details, multiple liable parties, and large healthcare companies that employ powerful legal teams.

Here are a few more ways that your lawyer can help you navigate the legal process:

Investigating your case: Your lawyer will thoroughly investigate the circumstances surrounding your accident and injury. This can include gathering medical records, consulting with medical experts (your malpractice lawyer brings not only legal expertise and experience but also a network of medical experts who can testify on your behalf), and interviewing witnesses. Their goal is to determine whether any healthcare provider deviated from the accepted standard of care and whether that deviation caused your injury.

Filing a lawsuit: In Texas, medical malpractice claims are governed by strict legal requirements. Your lawyer will ensure that all necessary documents are filed correctly and within the statute of limitations. In Texas, you generally have two years from the date of the injury to file a claim. Missing this deadline can result in your case being dismissed, so it’s crucial to act quickly.

Proving negligence: To achieve a successful medical malpractice case on your behalf, your attorney will need to prove four key elements regarding your injury:

1. Duty of care: The healthcare provider had a professional duty to treat you according to the accepted medical standard.
2. Breach of duty: The provider failed to meet that standard.
3. Causation: The provider’s breach of duty directly caused or worsened your injury or illness.
4. Damages: You’ve suffered financial, physical, and/or emotional harm as a result of their failure.

Negotiating settlements: Most medical malpractice cases are settled out of court. Your lawyer negotiates with the healthcare provider’s insurance company or attorneys to secure a fair settlement for your losses. However, if a reasonable settlement cannot be reached, your lawyer will be prepared to take your case to court.

Representing you in court: If your case goes to trial, your lawyer will present evidence, cross-examine witnesses, and argue your case in front of a judge or jury. Medical malpractice trials can be lengthy, confusing, and emotionally exhausting, so having a skilled lawyer on your side can greatly increase your chances of a favorable outcome.

Compensation for Medical Malpractice

If you’ve suffered an injury from medical malpractice, the financial and emotional toll can be overwhelming not only for you but for your family as well. A fair level of compensation in a medical malpractice case is meant to help you get back to your life by covering both economic and non-economic losses.

Economic Damages

These are damages that include tangible losses like your medical bills, lost wages, and the cost of future medical care. Each of these costs can be extensive, especially if the malpractice results in long-term or permanent injuries or disabilities.

Your lawyer will fight to ensure you’re compensated for these current and future medical expenses and any income lost due to your inability to work.

Non-Economic Damages

Non-economic damages compensate you for the more intangible effects of medical malpractice, like pain and suffering, emotional distress, and loss of enjoyment of life. These damages are harder to quantify but can be significant in cases involving severe injury or disability.

Let a Houston Medical Malpractice Lawyer Help You Find Justice

At Barrera Law Group LLC, we understand that medical malpractice can shatter your trust in the healthcare system and leave you grappling with physical, emotional, and financial burdens.

If you or a loved one has suffered due to the negligence of a healthcare provider, a Houston medical malpractice lawyer can help you seek justice and secure the compensation you need to move forward.

From investigating your case to proving negligence and negotiating settlements, our skilled attorneys will guide you through every step of the legal process. With our representation, you can hold negligent healthcare providers accountable and recover the compensation you deserve.

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