When you entrust your life to a doctor or other medical provider, you expect to receive the highest quality of care and treatment. Unfortunately, mistakes happen, and they’re more common in health care than you may think. Patients endure tremendous pain and suffering. They may also be deprived of life-saving treatment due to misdiagnosis. Brownsville malpractice lawyers play critical roles in helping these victims seek compensation for their devastating losses.
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Statistics on medical malpractice and errors are alarming. Johns Hopkins Medicine researchers report that more than 250,000 patients die every year as a result of medical malpractice. Though Valley Regional Medical Center, Valley Baptist Medical Center, Solara Hospital, and many other Brownsville facilities maintain strong reputations, providers may still make critical errors.
At Begum Law Group, our Brownsville medical malpractice attorneys know the catastrophic toll for victims and their families when a health care provider harms them. While we cannot reverse your situation, we strive to ensure you receive appropriate compensation after medical errors, negligence, or malpractice shatter your life. Please call our office at 956-982-1800 to schedule a free consultation with the Law Giant or one of our Brownsville personal injury lawyers.
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Medical malpractice occurs when a physician or other health care provider delivers medical care that doesn’t meet a certain legal standard. However, there’s much more to a malpractice case and your rights as a victim. Our Brownsville medical malpractice attorneys at Begum Law Group can provide information specific to your situation, but an overview of Texas medical malpractice law may be useful.
You may have a claim for compensation if you’re injured because a practitioner didn’t provide care in accordance with the appropriate medical standard. The primary issue typically revolves around what that standard is, since physicians are not legally responsible for just any harm. Patients can suffer losses because of their underlying medical conditions, or they may be disappointed in a health-related outcome. Not all of these issues give rise to a medical malpractice claim.
Generally, a provider can only be liable for providing care that deviates from the medical standard of care that another doctor would apply under similar circumstances. The physician’s area of practice and training in that particular field are also factors.
With this overview of medical malpractice lawsuits in mind, the specific facts you must prove to recover compensation are:
If you have concerns regarding the care you received at a hospital or other medical facility, contact our Brownsville malpractice lawyers for help today.
In addition to the essential elements of a civil suit, there are specific requirements that apply to medical malpractice cases. Under Texas law, you must deliver written notice of your claim at least 60 days before you file a malpractice case in court. It’s necessary to send the information by certified mail, and it needs to go to each provider that you intend to name in your potential lawsuit.
After you do file your medical malpractice case, you need to follow up with a special report that is supported by affidavit. Within 120 days, you must deliver a document that includes an opinion of a qualified medical professional regarding the standard of care that applies to your situation, how the defendant’s conduct deviates from that standard, and the connection between the breach of the standard of care and your injuries.
Though these terms are used interchangeably, there’s a subtle difference between their meaning. A medical negligence claim refers to general incompetence or carelessness that takes place in a health-related environment. The reasonable person standard applies to the conduct of a physician or health care professional. You may have a claim for medical negligence compensation if an orderly tips your wheelchair over, or a nurse spills steaming coffee on you.
Medical malpractice involves a slightly higher standard of care, measured by how another physician would have treated the patient under the same circumstances. There must a direct link between the medical treatment and your injuries.
If you or a loved one has suffered at the hands of a negligent medical professional, contact a Brownsville medical malpractice attorney for help today.
Failing to meet the appropriate standard of care is usually associated with a physician’s acts, but there may be additional responsible parties in a medical malpractice case.
The most common type of medical malpractice occurs due to the physician’s error, judgment, or misconduct. Examples include:
The medication provided when you undergo surgery is just like any other drug. Anesthesia can lead to serious medical conditions and complications if a physician doesn’t assess your medical history to identify interactions with other medications. Other errors may be caused by providing too much or too little anesthesia, or if the anesthesiologist doesn’t properly monitor your vital signs during a procedure.
Emergency Department Errors
In the chaos of a busy emergency room, doctors are required to provide competent care. However, the standard of care applicable to medical malpractice actions may be more relaxed. The true question is whether the physician acted reasonably under the circumstances.
Many types of errors fall under this category of malpractice. A doctor may skim over your medical records, overlooking allergies to a particular medication. A physician may fail to account for how a new prescription may have negative interactions with other medications you take. Other mistakes include writing the wrong prescription or failure to issue the proper dosage. If a doctor prescribed you a medication that caused you harm, contact a Brownsville medical injury lawyer right away.
Medical misdiagnosis occurs when a doctor doesn’t accurately identify the patient’s injury or illness. The provider may embark on an inappropriate course of treatment, prescribe dangerous drugs, or recommend a surgical procedure that the patient doesn’t need.
A delayed diagnosis could result in a physician putting off life-saving treatment. These errors are a particular problem for individuals with cancer and other potentially terminal conditions. The longer the delay in diagnosis, the more the disease can progress. Some patients who may have enjoyed a full recovery may instead face life-threatening consequences.
Thousands of patients are injured every year because of an error made during surgery. Mistakes in the operating room are in the headlines often because they tend to be extreme and terrifying. Mixed up charts could lead a doctor to perform surgery on the wrong patient or wrong body part. Another example includes a surgeon severing a nerve or artery, leading to long-term complications for the patient. There are even instances of a physician leaving a sponge, medical instrument, or foreign object inside the patient. These scenarios can be devastating for the victim, who may not realize the error for years after the procedure.
If a surgical mistake has left you with further injuries or health-related conditions, contact a Brownsville medical attorney from Begum Law Group right away.
Medical malpractice for health care facilities can be tricky, because there’s more to the issue than a claim against a doctor. A hospital can typically only be responsible for the medical negligence of workers through the employer-employee relationship. If the worker is negligent and a patient is injured, the facility can be liable. In many hospital negligence cases, nurses, orderlies, physician assistants, and other support staff are the target.
The issue becomes more complex when looking at whether the employer-employee relationship exists between a hospital and a doctor. Many physicians are independent contractors, which might absolve the hospital of liability.
There are two types of damages available in a malpractice claim. Our medical malpractice attorneys will seek to recover:
When your losses can be determined by an exact calculation, they are considered economic in nature. Examples would be the medical costs to treat your injuries and any lost wages if you’re prevented from working.
You can recover for losses that are more subjective, because you experience pain and suffering, emotional anguish, and related issues. There is no dollar value for these losses, but there are ways of assessing them for purposes of a medical malpractice suit. A Brownsville medical injury lawyer from our firm will work with professionals to review your medical records and treatment. From these documents, it’s possible to put a value on non-economic damages.
Note that Texas law does place a statutory cap on non-economic damages in medical malpractice cases. You cannot recover more than $250,000 for your claim, though this cap doesn’t apply to your economic losses.
Is the median damage awarded in medical malpractice cases, and is the highest range in all personal injury cases.
Know Your Rights & What to Expect
If you were hurt due to a health-related error, it’s critical to work with a legal team that has extensive experience in medical malpractice cases. Not only is Texas law very specific with regards to these claims, but there are complicated issues involved with a physician’s medical standard of care. To schedule a free, initial evaluation of your case, please contact The Law Giant and his team at Begum Law Group at 956-982-1800, or via our online form.