Why Experience Matters in a Houston Medical Malpractice Lawsuit
Medical negligence can be extremely difficult to prove. Doctors and other medical professionals have a duty to uphold a standard of care when treating patients. But the medical facility may try to argue that your injury or a loved one’s wrongful death was an inevitable outcome of the preexisting condition.
Our Texas law firm has been practicing personal injury trial law since 1999. We have seen and heard every justification a hospital may use in an effort to sidestep liability. To give your medical malpractice claim the best chance of success, we’ll:
- Bring our comprehensive understanding of how medical procedures should be handled to identify when a medical malpractice issue caused your injury
- Use our strong relationships with top medical professionals to gain a trusted opinion about when a duty of care was breached by another health care provider
- Work diligently to see that you recover maximum compensation for medical bills, lost wages, and other damages after serious injuries or the wrongful death of a family member
Your medical malpractice case is not just another task to us. It’s an opportunity to right a wrong and make someone’s life better. We greatly value each of these opportunities, and never underestimate how important a successful medical malpractice lawsuit will be to your future.
Take a moment to read what our clients say about us.
We pride ourselves on cultivating a close attorney-client relationship and supporting you all the way to your settlement or verdict. A free consultation with a Houston personal injury attorney is available to any potential client seeking help after medical negligence.
How Do You Prove Medical Negligence in Texas?
Medical malpractice cases are complex and subject to an intricate network of laws. They require time and careful investigation. In order to have a successful case, your lawyer will gather evidence to prove the following:
Doctor-Patient Relationship
The first step is to prove that a doctor-patient relationship existed between you and the medical provider. This means the health care professional was specifically treating you and not, for example, the author of a health blog you read for advice.
Duty of Care
When a medical professional treats you, they have a duty to treat you within the established standard of care. The standard of care refers to the care that a competent health care professional should provide given the circumstances. Your medical malpractice lawyer will establish that a doctor-patient relationship existed, and that you were owed a certain duty of care when the physician agreed to treat you.
Breaching the Duty of Care
When a medical professional acts negligently, they deviate from the standard of care. This means the doctor or other medical providers failed to treat you with the care a reasonable health care professional must exercise.
Damages
Your lawyer will demonstrate that you suffered injuries and damages as a result of negligent care. Your medical records will show how you were harmed while you were under the care of the health care provider.
Direct Cause
Your damages must be a direct cause of the health care provider’s negligence. The negligent actions must be shown to be what caused your injuries or allowed your condition to worsen.
What Evidence Is Needed To Prove a Medical Malpractice Claim?
In order to prove a violation of the standard of care, the direct connection between the violation and your damages, and the extent of your damages, your medical malpractice attorney will need to gather solid and convincing evidence. This might involve:
- Your medical tests and imaging results
- Your physician’s and nurses’ notes
- The second opinion of another physician
- The bills you received for medical care
- Testimony of other staff members who witnessed or were aware of your treatment
- Your account of the injuries and any notes, photographs, or health journal entries you can supply
- Evidence of your state of health before and after the injury
- Any available video footage of the act that caused your injuries
- Documentation of past negligence committed by the facility or individual
- The expert testimony of top medical professionals in their field who can attest to the nature and cause of your injuries, and how the negligent healthcare provider deviated from the standard of care
How Much Does It Cost To Hire a Houston Medical Malpractice Lawyer?
If you’re looking for a medical malpractice law firm, it’s important to know up front how legal fees are handled. At Buckingham & Vega, we work on a contingency fee basis for most personal injury cases. Under the contingency fee model, we don’t take any attorney’s fees until we successfully recover compensation for you. Then, a percentage of your settlement or verdict will be used to pay your legal expenses.
Other law offices may charge by an hourly rate or one-time fee. When you sit down for your free consultation, medical malpractice attorneys at any law office you visit should be open and honest with you about the cost of litigation and what kind of compensation you can expect to receive.
Be sure to bring any questions you have about fees and the legal process to your first meeting with a Houston medical malpractice lawyer.
Who Can Be Held Liable for Medical Malpractice in Houston?
Individual doctors and other health care providers may be held liable for medical malpractice, as may an entire facility. Any person or entity responsible for your care may be named in a medical malpractice claim, including:
- Physicians
- Physician assistants (PAs)
- Nurses
- Dentists
- Pharmacists
- Hospital administration
- Medical technicians
- Medical interns
- Surgeons
- Anesthesiologists
- Pediatricians
- Obstetrician/Gynecologists (OB/GYNs)
- Other specialists like cardiologists, oncologists, and neurologists
Our legal team takes on even the most complex medical malpractice lawsuits across Texas. The Houston medical malpractice lawyers on our staff are award-winning and internationally-recognized for their achievements in medical malpractice law.
We handle medical malpractice lawsuits ranging from nursing malpractice to nursing home abuse to prescription drug injuries to defective medical device injuries to system-wide hospital negligence.
There are few types of medical malpractice cases a Houston medical malpractice lawyer on our team hasn't handled before. Our personal injury attorneys won't let you suffer the consequences of a doctor's medical mistake. Let us represent you in seeking recovery after injury.
Call us at (505) 388-0066 or fill out this form.
What Are the Most Common Medical Errors in Texas Malpractice Cases?
Although each medical malpractice case is unique, there are a few types of medical negligence that are most commonly seen in Texas malpractice cases.
Birth Injuries
Negligence during pregnancy and delivery can result in a birth injury that harms the fetus or newborn. These injuries can have permanent physical or cognitive effects.
Diagnostic Errors
A diagnostic error may be:
- Failure to diagnose (a missed diagnosis)
- A condition diagnosed too late for treatment to be effective
- A condition misdiagnosed as another condition
Medication Errors
Prescription errors may be committed by doctors, nurses, or pharmacists. An error might be:
- Medication given to the wrong patient
- The correct medication given in the incorrect dosage or at the wrong time
- An overdose of a medication
- Patients given drugs to which they are allergic
- A prescription filled out incorrectly by a pharmacist
Surgical Errors
Common mistakes in the operating room include wrong-site surgery, patient mix-ups that result in someone undergoing the wrong medical procedure, or medical tools left inside the body. Surgical errors often require a corrective surgical procedure. A serious surgical error can cause wrongful death.
Anesthesia Errors
If patients aren’t given exactly the right amount of anesthesia, and are not monitored properly, there may be adverse or even fatal effects. Mental and physical impairment can result from too much anesthesia, while a patient given too little anesthesia may wake up during surgery.
Failure To Prevent Infection
If a hospital doesn’t have the proper protocols in place to prevent the spread of infection, you may contract an illness you never should have acquired.
Lack of Informed Consent
Before you undergo any medical intervention, your doctor needs to make sure you understand the reason for the intervention, anticipated benefits, alternate therapies, and potential complications and hazards. If your doctor failed to obtain informed consent and you were injured during the procedure, they can be held liable for their error.
What Are Common Causes of Medical Malpractice?
Many times, an individual medical malpractice claim will point to a pattern of negligence within a hospital. Some common reasons medical malpractice occurs include:
- Insufficient recordkeeping
- Failure to carefully read a patient’s chart
- Communication errors among staff members
- Alcohol or substance abuse
- Burnout related to understaffing and overworking issues
- Undertraining or lack of medical knowledge in a certain area
No matter what kind of medical error you suffered, it should have been prevented. Buckingham & Vega Law Firm can help make sure your voice is heard. Team up with a Houston medical malpractice lawyer who will win you justice and protect others from the negligence that caused you harm.
Compensation for Victims of Medical Negligence in Texas
Under Texas law, a victim of medical negligence may recover economic and noneconomic damages in an injury claim or lawsuit.
Economic Damages
The financial losses associated with your injury may consist of:
- Medical bills
- Lost income
- Loss of future earnings
Noneconomic Damages
Damages without a specific financial amount are considered noneconomic. They may include:
- Pain and suffering
- Mental anguish
- Permanent disability
- Depression, PTSD, and other lasting mental health injuries
- Loss of enjoyment of life
In Texas, there are caps on noneconomic damages, but not on economic damages. The caps are:
- $250,000 per claimant against a single health care provider.
- $500,000 per claimant against multiple health care providers.
We’ll take care to note all damages you suffered, ensuring that your compensation is comprehensive. Your legal representation from Buckingham & Vega will maximize your compensation to give you an award that will provide you with peace of mind and financial security. You’ll be able to take care of your expenses and other financial responsibilities as you focus on healing.
Get Help from an Experienced Medical Malpractice Attorney in Houston
Our lawyers understand how confusing and uncertain your life is after a medical error injury. We’re here to provide you with the help you need. We’ll build a strong claim on your behalf and fight for you to get the compensation you deserve.
If taking your case to court is the best way to win you full and fair compensation, our experienced trial lawyers are qualified to represent you in the courtroom. Not all law firms can boast of the success that we have had in trying medical malpractice cases before a judge and jury.
Get in touch with Buckingham & Vega Law Firm today. You’ll meet with a Houston, TX medical malpractice lawyer in a free case evaluation to go over the details of your situation. We’re ready to answer your questions, address concerns, and help you seek the recovery you deserve.
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