Odessa Medical Malpractice Attorney

When it comes to your health, you trust the practitioners you see to provide you with the best possible care. However, there are instances when doctors, nurses, or other health care providers fail to meet the industry’s accepted standards, resulting in medical errors or malpractice.

These mistakes can have serious, even fatal, consequences.

In these cases, you need to hold these negligent practitioners accountable for their actions. Careless and reckless health care can result in a lifetime of pain, suffering, and medical bills.

You have the legal right to seek compensation and justice for your case. An Odessa medical malpractice lawyer can provide you with the legal advice and representation you need during these times.

What Is Medical Malpractice?

This is a type of negligence. It’s a serious issue that arises when health care professionals fail to provide adequate care to their patients. Recent data suggests that as many as one in three health care providers will face litigation in their career.

Unfortunately, medical professionals can be negligent in their actions, failing to follow established protocols or omitting certain levels of care. These lawsuits can be filed against:

• Doctors
• Surgeons
• Registered nurses
• Medical specialists
• Technicians
• Dentists
• Physical therapists
• Ophthalmologists
• Pharmacists
• Nursing homes
• Clinics
• Hospital facilities

In the health care industry, these individuals are expected to maintain the highest standards of care while treating their patients. They are also required to provide a reasonable level of care for their patients. When they fail to do so, they have breached their duty of care.

Some common examples of medical negligence include:

• Misdiagnosis: This occurs when a medical professional incorrectly diagnoses a condition. For example, diagnosing a person with irritable bowel syndrome when they actually have stomach cancer.
• Failure to diagnose: When a health care provider misses or overlooks symptoms of a serious illness like heart disease.
• Inadequate testing: Failing to perform necessary medical tests or ordering inappropriate ones.
• Medication errors: Prescribing the wrong dosage of medication or providing the incorrect medication.
• Surgical errors: Mistakes during surgery, including leaving surgical instruments inside the patient. Sometimes, a surgeon can perform surgery on the wrong body part.
• Birth injuries: Birth injuries are injuries that occur during the labor and delivery process of childbirth. They’re preventable in almost all instances.
• Neglecting health history: Disregarding a patient’s medical history, impacting treatment decisions.
• Lack of aftercare: Failing to provide appropriate follow-up care after a medical procedure.
• Premature discharge: Releasing a patient from the hospital too early, without proper monitoring or care.

Any of these examples can lead to physical pain, emotional trauma, and even death in some situations. No matter the cause, you have the legal right to pursue compensation against these negligent health care professionals.

If you think that you or someone you know has been a victim of health care provider negligence, you should reach out to an experienced Odessa medical malpractice lawyer. Proving a malpractice claim can be challenging, but a skilled attorney can build a solid legal foundation for your case.

At Barrera Law Group LLC, we understand the difficulties of these situations. Schedule a free consultation to learn more about your options.

Proving Negligence in a Claim Filed Against a Health Care Provider

If you believe that you or a loved one has been a victim of malpractice, you will need to prove that the medical professional acted negligently.

What does that mean?

First, you must show that the practitioner has a duty of care towards you. In these cases, there was a doctor-patient relationship. The health care provider was legally obligated to provide competent care.

You must demonstrate that the health care provider breached their duty of care by not providing the same standard of care that a similarly trained provider would have followed under similar circumstances.

After that, you must show that this breach of duty directly caused your injury.

Finally, you will need to show that the health care provider’s negligence or omission of care resulted in damages or injuries. These damages can include medical bills, pain and suffering, and lost wages.

What Type of Compensation Is Available in These Types of Cases?

In these cases, you may be eligible for compensation. The type and amount will all depend on the specifics of your claim. You could be able to recover:

• Current medical expenses
• Future health costs
• Lost wages
• Pain and suffering
• Disfigurement or scarring damages
• Loss of consortium
• Funeral expenses and burial costs in cases that resulted in a wrongful death.

Is There a Statute of Limitations in Texas?

Under Chapter 74 of the Texas Civil Practice and Remedies Code (CPR), there is a set of rules and guidelines that determine how these types of cases are handled in the state.

In Texas, a person injured by medical negligence has two years to bring a lawsuit to court. The two-year clock begins running on the date the malpractice occurred. If the error occurred during continuous treatment, the statute of limitations usually starts on the last day of that treatment.

You may lose your right to compensation if you don’t file a lawsuit within the two-year statute of limitations.

Along with the statute of limitations, Texas law also includes a “statute of repose” related to malpractice claims. This allows a lawsuit within ten years of a negligent act being committed, no matter when it was discovered or treated. So, if the error is not discovered until years later, you may still have a right to compensation for your injuries.

How an Odessa Medical Malpractice Attorney Can Assist You

Proving a case like this can be complicated and challenging. In almost all cases, you need the help of an experienced Odessa medical malpractice attorney. Your attorney will thoroughly analyze your health records and other evidence. They will work with industry professionals to establish your case.

After you file a claim, your legal team will often work with the insurance company toward a settlement. It often takes a skilled negotiator to fight on your behalf. Unfortunately, insurance companies often want to settle for less than your case is worth. A lawyer will negotiate with insurance companies to ensure that you receive a fair settlement.

If you have to go to court, you need a legal team that can explain complicated medical terms clearly to the judge and jury.

With an experienced Odessa medical malpractice lawyer from the Barrera Law Group LLC by your side, you can be assured that your case will be handled with the utmost professionalism in the state.

Let Us Assist With Your Medical Negligence Claim

For those reasons, you need a skilled and experienced Odessa medical malpractice lawyer. At our firm, we will put your interests first and fight for your right to compensation.

Health care professionals are expected to heal, not harm patients. They need to be held accountable when they break their oath to provide quality care.

Medical negligence cases are complicated. Barrera Law Group LLC can help you take the next steps. Contact our office to schedule a consultation today.