You trust medical professionals to help identify what’s ailing you, provide you with treatment, and help you feel better again. When a doctor tells you to take a certain medication to treat an illness, you’ll likely get the prescription filled and start taking the medicine as soon as possible so you can get healthy. Or if you’re in a hospital, you expect the nurses to take accurate and detailed notes about your health so the next shift has up-to-date information about your care. But when a medical provider makes a mistake, they can put your health in jeopardy.
Medical negligence can cause further injuries and it can threaten your life. If you or a loved one has suffered because of a medical mistake, you can take legal action to seek justice. A Houston, TX medical malpractice lawyer from Buckingham Barrera Vega Law Firm can fight for you.
How Will Your Houston, TX Medical Malpractice Lawyer Help You?
When you’re healing from injuries or a worsened illness that happened because of a negligent health care provider, handling a legal claim can seem like a lot. A med mal lawyer from our law firm will handle your claim so you can get justice.
Medical malpractice cases are often complex and require careful investigation and time. In order to have a successful case, your lawyer will gather evidence to show the following points:
- Duty. When a professional is treating you, they have a duty to treat you within the standard of care. The standard of care refers to the care that a competent health care professional would provide. Your lawyer will establish a doctor-patient relationship existed, where they agreed to provide you with treatment, and show that you were owed this duty.
- Dereliction. When the medical professional acts negligently, they are deviating from the standard of care. They failed to treat you with the care of a competent health care professional.
- Damages. Your lawyer will show that you suffered injuries and damages because of their 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. Their actions are what caused your injuries, or allowed your condition to worsen.
As our lawyers fight for you, we’ll also work with expert witnesses who can provide crucial testimony about how you should have been treated and how your doctor breached the standard of care.
You deserve to recover full and fair compensation when someone else has caused you harm. Our lawyers will fight for you to be able to heal financially so you can work on healing physically and emotionally.
What Are Some Examples of Medical Errors?
You may wonder how you were under the care of a professional and your condition still worsened. There are some common types of medical malpractice that our Texas lawyers are familiar with and one of them may apply to your case:
- Birth Injury. Negligence during pregnancy and delivery can result in a birth injury that can harm the infant’s brain or their body. These injuries can have permanent effects.
- Misdiagnosis/Failure to Diagnose. When a doctor misreads tests or misses signs of a condition, they could diagnose you with the wrong condition or fail to give you a diagnosis. You could start treating an illness that you don’t have or you may not have a treatment plan to follow yet. Both of these situations can allow your condition to worsen and could be dangerous, like failing to diagnose the early signs of a stroke or a heart attack.
- Medication Error. If you’re given the wrong medication or the incorrect dose of a medication, you could be hurt. You could have a potentially dangerous allergic reaction to the wrong medication, and the wrong dosage could fail to treat what’s ailing you or put you at risk of overdose.
- Surgical Errors. Common mistakes in the operating room can include wrong-site surgery, where the wrong part of the body is operated on, patient mix-ups that result in someone undergoing the wrong procedure, and sometimes medical tools can be left inside the body. Surgical errors often require a corrective surgical procedure.
- Anesthesia Errors. When someone undergoes surgery, they may be given anesthesia. If they aren’t given the right amount, they may not have enough and wake up during the procedure, or are given too much and may have trouble waking up.
- Failure to Prevent Infection. You may be in the hospital for a certain injury or illness, but if the hospital doesn’t have protocols in place to prevent the spread of infection, you may contract an infection that shouldn’t have happened in the first place.
- Failure to Get Informed Consent. Before you undergo a surgical procedure, your doctor needs to go over the benefits and possible complications that can arise if you decide to have it. If you weren’t provided with this information about the surgical procedure, then you couldn’t have given your informed consent.
All the examples above are avoidable. When a medical professional’s negligence results in harming you, our lawyers are here to help you. We’ll collect the evidence to show that their actions cost you injuries and financial losses and we’ll fight for you to get the recovery you deserve.
If you don’t recognize the examples above, you should still reach out to a Houston, TX medical malpractice lawyer from our law firm. It’s still possible for you to have suffered from medical negligence.
Why Does Medical Malpractice Occur?
While there is never an excuse for medical malpractice, there are certain factors that can explain why it happened. This could point to a pattern of negligence from an individual or a hospital. Some reasons why this may happen include:
- Poor Documentation. The patient’s chart and healthcare information need to be detailed and accurate. This way, everyone taking care of them knows what they need to do and what treatment the patient is receiving. If there are poor notes that aren’t legible or missing information, then the patient could be harmed. They could miss a dose of medication or be given too much, or they could be given medication that they’re allergic to.
- Lack of Drug Knowledge. When a doctor prescribes a medication, they need to know what other medications the patient is taking. It’s possible that the new medication could react to the patient’s other conditions or medicine, and could result in injury.
- Fatigued/Overworked Staff. If doctors and nurses are fatigued, they could make a mistake that harms those in their care. Overworking could lead to missing details or not doing a procedure properly.
No matter why you suffered because of a medical error, you should never have sustained these injuries in the first place. You need a Texas trial lawyer who will protect your rights. That’s where Buckingham Barrera Vega Law Firm can help you make your voice be heard.
Compensation Caps in Texas
When a Houston, TX medical malpractice lawyer from our law firm is seeking justice on your behalf, we’ll fight for your compensation to cover your financial and non-financial damages. Your financial, or economic, damages can include:
- Past and Future Medical Care
- Lost Wages
- Diminished Earning Capacity/Loss of Earnings
We’ll calculate what the injuries have cost you and what you’ll need so you’re able to continue medical treatment. If you’ve missed work, or have an injury that will prevent you from returning to your previous position, then we’ll also include that in your compensation.
Your non-financial damages, also called noneconomic damages, include the other losses that you’ve suffered as a result of the medical error. This can include:
- Pain and Suffering
- Loss of Enjoyment of Life
- Mental Anguish
In Texas, noneconomic damages have a cap. They are:
- $250,000 per claimant against a single health care provider.
- $500,000 per claimant against multiple health care providers.
We’ll take care note of all the types of damages you suffered and make sure that your compensation is comprehensive. Our lawyers will maximize your compensation so you can get an award that will provide you with peace of mind. You’ll be able to take care of your expenses and other financial responsibilities as you work on healing.
Seek Justice with an Experienced Medical Malpractice Lawyer
Our lawyers will be at your side at every step of the legal process. We understand how this time can be confusing and uncertain. 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.
Because these cases can be complicated, they may progress to trial. If taking your case to court is the best way to fight for you, our lawyers are prepared to represent you in the courtroom. We’ll do everything we can for you to get justice.
Get in touch with Buckingham Barrera Vega Law Firm today. You’ll meet with a Houston, TX medical malpractice lawyer in a free case evaluation to go over what happened and how you can proceed. We’re ready to answer your questions, address concerns, and help you seek the recovery you deserve.