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 are not adequately performing, they must be held accountable.
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 may have. You need to know this information if you are going to make the best possible decision. Do not wait to call us. Due to time limits, you can run out of time to file a medical malpractice lawsuit. It is important that you call us as soon as possible.
The Different Types of Medical Negligence Claims
The right legal decision could differ depending on what type of medical negligence claim you are filing. The different types of medical negligence claims include:
- 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 and the wrong body part being operated on.
- 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.
Proving You Were the Victim of Medical Malpractice
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. You must show that your medical provider’s negligent treatment was directly to blame for your health condition worsening. You must also show that any previoius injuries had nothing to do with your current physical circumstances.
- Your medical malpractice injuries led to damages. This involves providing detailed proof of your injuries and other related expenses. Although the expenses are different, this also applies to familiy members who have lost a loved one.
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. We have taken them on 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.