Not all bad outcomes in medical carequalify asmedical malpractice. There are four things that need to be proven in order for a medical malpractice lawsuit to be successful.
- The first is that the medical professional had a legal duty of care for you as their patient.
- The second is that the medical provider failed to provide services that met a reasonable standard of care. Malpractice lawyers must prove that the medical provider was negligent.
- The third component is being able to prove that your injuries or worsening medical condition were the result of the provider’s failure to provide reasonable care.
- The fourth component malpractice lawyers must prove is that you experienced losses in terms of a new injury, a worsening illness, added medical bills, loss of wages, etc. If your loved one died as a result of medical malpractice, their family can be compensated.
With the help of an experienced Texas medical malpractice lawyer, you may be able to seek financial recovery for serious injuries suffered in a hospital, clinic, outpatient surgical center, or a nursing home. Find out if your case would qualify for a medical malpractice lawsuit. Talk with a personal injury lawyer at Ted Lyon Law by calling 877-Ted-Lyon (833-5966). Your initial consultation is free, and we provide services in English and Spanish. We also make in-home visits and hospital visits if you are unable to come to our office.
How Common Is Medical Malpractice?
Medical errors are not uncommon, and our Texas attorneys are well-versed in malpractice cases. In a 2016 study by researchers at Johns Hopkins University School of Medicine, researchers estimated that almost 10% of all deaths in the U.S. are the result of medical errors. Not all medical errors result in death. It’s more common for patients to suffer serious injuries.
Types of Medical Malpractice
By looking at medical malpractice claims, researchers have identified that anesthesia, surgery, gynecology/obstetrics, and pediatrics are areas of greatest risk.
Diagnostic errors are among the most common medical malpractice claims. Failure to order a diagnostic test, incorrectly interpreting a test result, failure to get a complete medical history or to do a physical exam, and failure to create a follow-up plan can lead to:
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
The most common missed or delayed diagnoses in adults were cancer, heart problems, appendicitis, ectopic pregnancy, and fractures. In children, the most common delayed or mistaken diagnoses were meningitis, gastroenteritis, pneumonia, appendicitis, and sepsis. In infants, dehydration, meningitis, and dislocation of the hip were common.
Medication errors were the second most common malpractice claim, with prescription errors, wrong medication, pharmacy errors, and drug administration errors. Doctors and pharmacists also have a duty to warn patients about potential side effects of prescription drugs. Failure to warn of side effects, or to recognize side effects and drug interactions, can be a fatal error.
- Surgical errors include improper transfusions, surgery performed on the wrong body part, and problems with anesthesia.
- Emergency room errors include failure to get a complete medical history, patient neglect, failure to diagnose, and failure to treat in a timely manner.
- Obstetrical malpractice often results in birth injuries, including cerebral palsy and brain damage, and the death of a child.
- Hospital negligence
- Dental malpractice
- Nursing home negligence, abuse and neglect
Texas Has Made Investigation of Medical Malpractice Difficult
Despite receiving more than 8,000 complaints a year from patients and families, the Texas Medical Board, which is supposed to safeguard the public, does not need to release information it has regarding complaints and investigative files and disciplinary hearing materials.
That is because two Texas Attorney General decisions have specifically exempted this information from the Public Information Act. Your medical malpractice attorney in Texas will work hard to access needed records, but this is one of the challenges that can make a medical malpractice case take more time.
Financial Recovery in Medical Malpractice Cases
Like other personal injury cases, our Texas attorneys take medical malpractice cases to help you pursue financial recovery for:
- Medical bills
- Therapy
- Adaptations of home and vehicles
- Lost wages
- Loss of future income if an earner can no longer do the job they once did
- Pain and suffering
Potential clients should know that the state restricts the amount of “non-economic damages” that victims can obtain for pain and suffering. It is capped at $250,000 for doctors and other health care providers, and at $500,000 for health care facilities and hospitals.
Speak with an Experienced Medical Malpractice Attorney in Texas Today
Schedule a free initial consultation to learn more about bringing a medical malpractice case. Call 877-Ted-Lyon (833-5966) or contact us online. Our Texas medical malpractice lawyers handle cases on a contingency fee basis. That means we only earn a fee if we win your case.
Our firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
