Texas Medical Malpractice Law
Houston Medical Malpractice Lawyer on Rights of Patients Harmed by Doctor or Hospital Negligence
Medical errors are inexcusable. When a doctor, nurse or healthcare facility makes a mistake, lives are destroyed, and in some cases, patients even die as a result. That does not mean that medical treatments that fail to heal patients are automatically the result of medical malpractice. However, in situations where doctors and health care professionals did not do their job correctly, they must be held accountable, both to make sure that their victims receive the help they need and to prevent them from hurting more patients in the future.
Houston medical malpractice attorney Phillip Brantley knows how desperately survivors and the families of the victims of fatal medical errors need the compensation that a medical malpractice lawsuit can provide.
At Phillip Brantley & Associates, P.C., you can speak with us for free. We will explain your legal rights, the options available to you and answer any questions you have about medical malpractice litigation. You need to know this information if you are going to make a decision that is in your and your family’s best interests. Do not wait to call us. Your medical malpractice claim can grow weaker as time passes, especially if evidence valuable to your case is lost. In addition, due to time limits, you can run out of time to file a medical malpractice lawsuit.
Proving You Were the Victim of Medical Malpractice
What you need to do to prove you or a loved one was the victim of medical malpractice could differ depending on what type of medical negligence claim you are filing:
- Misdiagnosis or delayed diagnosis – Examples of this include a doctor failing to diagnose cancer during an initial examination, only to discover it in a reexamination after it has spread, or a physician diagnosing heart attack symptoms as indigestion.
- Surgical error – Mistakes made during a surgery can include the wrong surgery being performed, the wrong body part being operated on, a foreign object being left inside the patient’s body, the wrong person being operated on or giving a patient too much, too little or the wrong anesthesia.
- Hospital mistake – This includes medical malpractice incidents where the healthcare facility, as opposed to or addition to a nurse or doctor mistake, can be held partially or fully responsible.
- Birth injury – Medical negligence during pregnancy or labor, such as C-section mistakes, anesthesia errors during delivery, failure to diagnose issues that cause premature birth or delivery mistakes that lead to cerebral palsy of lack of oxygen at birth causing brain damage.
- Medication error – This occurs when a doctor prescribes the incorrect medication to a patient or the wrong amount of medication to a patient. It can also involve a pharmacy filling the prescription incorrectly or a nurse failing to properly administer the correct medication to a patient.
In general, no matter what type of medical malpractice claim you are filing, you will have to prove that:
- You had a relationship with your medical provider. This usually involves showing that a doctor or hospital agreed to provide you with medical care.
- You received substandard care. This requires you to show that your medical provider’s treatment was incompetent, because it was below the standard that a medical provider with similar training, facilities and skills would have provided. You will need to have a medical professional that is the peer of the defendant testify as an expert witness regarding how a competent doctor, nurse or hospital would have handled your treatment.
- The substandard care you received led to your injury. This means you must show that your medical provider’s negligent treatment was directly to blame for your health condition worsening and that your illness or injury was not the result of some other cause.
- Your medical malpractice injuries led to damages. This involves providing detailed proof of your injuries, pain and suffering, cost of treatment to correct the issue, job loss or loss of income due to the injury, rehabilitation and physical therapy expenses, long-term care costs and funeral expenses if you are suing on behalf of a family member who died due to a medical error.
I Need a Houston Medical Malpractice Lawyer. Se Habla Español!
Phillip Brantley & Associates, P.C. has been defending the rights of injury victims since 1989. We have faced off against hospitals, large insurance companies and high-priced legal departments at the negotiating table and in the courtroom. You do not have to do this on your own.
Let us guide you through the process of holding those responsible for your pain and suffering accountable. To learn more, call us and set up a free consultation with our Houston medical negligence lawyer today. Se habla español.