If you or a loved one were harmed while pursuing a medical diagnosis or medical treatment, you should consider why you or your loved one suffered an adverse outcome. Was it a side effect you were warned about? Or, were you or your loved one a victim of negligent medical care?
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When you believe a doctor treated you carelessly and did not act as another doctor would have, you should call the medical malpractice attorneys at Begum Law Group. Our Texas personal injury lawyers will carefully review your circumstances and speak with medical experts to determine if malpractice occurred. If there is evidence that you were harmed by a doctor or facility’s negligence, we will guide you through pursuing compensation.
To learn more about medical malpractice cases in Texas, call Begum Law Group and The Law Giant at 866-523-4167 or contact us online.
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You may wonder about the definition of malpractice vs. negligence. The legal definition of neglect is a failure to act with the level of care that an ordinary, prudent person would use in the same circumstances. To determine if someone is negligent, you must ask yourself what level of care the average person would use in the same situation. Then ask yourself, did the person act similarly or carelessly?
Malpractice is essentially professional negligence. Various kinds of professionals must behave within a certain standard when working. Failing to adhere to that standard is considered negligent, and is called malpractice. You will also see medical malpractice called medical negligence.
In general terms, doctors must provide a specific standard of care, dictated by their profession. When they do not adhere to this level—when their actions are not aligned with current medical standards and treatments—and this causes a patient harm, then the doctor has committed malpractice.
Texas’ medical malpractice law is found in Chapter 74 of the Civil Practice and Remedies Code. Texas Statute 74.001(13) states that a health care liability claim, or a medical malpractice claim is a legal action against a physician or other healthcare provider for treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety, professional, or administrative services directly related to healthcare, which causes the patient harm or death.
If you suffered harm during or because of medical care or lack thereof, and you believe you received negligent care, call our medical malpractice attorneys at Begum Law Group right away.
You can suffer an injury due to any form of negligent medical care. However, certain types of medical malpractice result in medical malpractice lawsuits more often than others. At Begum Law Group, we have handled cases involving medical mistakes, such as:
A physician may incorrectly diagnose, or fail to diagnose, your injury or condition despite having all of the information necessary to correctly diagnose and treat you. A medical misdiagnosis or delayed diagnosis can lead to unnecessary and harmful treatments. This delay could allow your condition or injury to get much worse, requiring additional medical care in the future. A delayed diagnosis could also enable a treatable condition to become terminal. Or, in spite of a correct diagnosis, your physician may stray from standard medical care in regard to the recommended treatment. You may be put through a treatment that is inappropriate for your condition or inappropriate for you, specifically. You can suffer an adverse reaction to negligent treatment. If you suffered from a delayed or misdiagnosis or inappropriate care, do not hesitate to call a medical lawyer to discuss your options.
Medication errors are a common form of hospital negligence. You may be prescribed an appropriate drug. However, you may be given the wrong drug, the wrong dosage, or the wrong form. If a drug is administered inappropriately to you, you could suffer a serious injury.
Many medication errors occur at the pharmacy. A pharmacist or tech may give you the wrong drug. They may give you the right drug in the wrong dose or form. They may fail to look at your current medications for potentially dangerous interactions. The wrong medicine could lead to serious consequences. If you were injured because of a medication or pharmaceutical error, consider calling a malpractice attorney for advice.
Hospitals and other healthcare facilities are typically very busy. They must be run carefully and efficiently to avoid mistakes. If a physician, nurse, assistant, or tech gets careless, one small mistake could hurt you.
When you go to the hospital for surgery, whether it is planned or an emergency, you place tremendous trust in the surgeons, anesthesiologist, nurses, and other medical professionals. Unfortunately, surgical mistakes happen. Surgeons have operated on the wrong person, performed the wrong operation on a patient, performed an operation on the wrong body part, and made other inexcusable mistakes. If you suffered from a surgical error, call our medical negligence lawyers immediately.
Anesthesia is a crucial part of any surgical procedure. You should be unable to feel pain or discomfort during the process. Depending on the procedure, you need to be entirely unconscious or conscious, yet still unable to feel pain. During this, your body must still receive the appropriate amount of oxygen. If your anesthesiologist makes a mistake, you may wake up, feel pain or discomfort, or not get enough air. You can also suffer significant mouth, teeth, and throat injuries due to a mistake.
Pregnancy and birth can be difficult and dangerous, for both the mother and child. This is why pregnant mothers are monitored throughout their pregnancies and births. There are many ways in which the process can go wrong. The results could be the child suffers an injury. A serious mistake could also lead to a stillbirth or infant death.
You cannot bring a medical malpractice claim simply because you experienced an adverse effect. Many treatments and medications have potential side effects that could be difficult or painful to go through. However, a negative side effect does not mean the physician failed to adhere to their professional standard of care.
If there is evidence, though, that you were harmed because of negligent care, talk with a medical injury lawyer right away. You must abide by Texas law in order to bring a medical malpractice lawsuit.
To begin with, there must be a patient-physician relationship. This exists any time a physician serves your medical needs. If you go to the emergency room, your treating physicians have a patient-physician relationship with you. You may also have a patient-physician relationship with doctor’s you make appointments with and go to for help. You may have a long-term relationship with a doctor; however, you can also establish a patient-physician relationship in a short period.
There must be evidence that a breach of the medical standard of care took place. This allegation must be supported by one or more medical experts’ opinions.
You also have to prove that the breach of care caused you harm, which could be a physical, psychological, and/or financial injury. If you were not harmed, even if there was negligent care, then you cannot recover compensation.
Texas has a number of specific requirements you must follow to bring a valid medical malpractice claim.
You must provide a written notice of your claim. You must send a certified letter with return receipt request to every physician or health care provider against who you will make a claim at least 60 days before you file a medical malpractice suit in Texas. Along with the notice, you must include an authorization that allows the providers to research your medical records.
Within 120 days of the defendant medical providers’ response to your lawsuit, you must provide an expert witness report. This report includes a summary of the medical expert’s opinions about the standard of care relevant to your circumstances and how the defendant provider breached their duty of care. Also, within the report, a physician must provide an opinion regarding the causation between the breach of the standard of care and the harm you suffered.
If you are interested in pursuing compensation following medical misconduct, call our medical negligence lawyers from Begum Law Group to discuss your options and Texas law.
If you suffered an injury due to medical malpractice, you might have the right to receive compensation for your economic and non-economic damages. You should talk with us at Begum Law Group about the types and amount of compensation you may receive.
In medical malpractice cases, you can pursue compensation for:
It is important that you know, as of mid-2018, Texas caps non-economic damages in medical malpractice cases. You can fight to receive compensation for all of your economic injuries, including medical expenses and lost wages. However, for your non-economic injuries, you can only receive up to $250,000. These include your pain and suffering, mental anguish, disfigurement, and physical impairment.
The only exception to this cap is if you prove that more than one hospital or institution was negligent. In these circumstances, you can recover up to $500,000 in non-economic damages against the numerous facilities.
Texas gives you two years to file a medical lawsuit. However, when the clock starts to run on your case can be confusing. In some situations, it is the date of your injury. In other cases, it is the day you discover that you may have been harmed by medical negligence.
To ensure that too much time does not pass in relation to your legal claim, call our malpractice lawyers. We will start looking into your case right away and will make sure you file in time after providing the proper pre-suit notice.
Medical negligence often leads to serious and catastrophic injuries. It can also be tragically fatal. If you believe your loved one died because they received negligent care, call a medical attorney as soon as possible. You may have the right to pursue compensation through a medical malpractice claim.
You only have two years from the date of our loved one’s death, or discovery of malpractice, to file a wrongful death malpractice suit. You should work with a Texas wrongful death lawyer to ensure you follow Texas law in regard to the lawsuit. If you miss an important step, your case could be dismissed.
Also, Texas imposes a cap on wrongful death compensation. Your family can only receive up to $500,000.
is the national average recovery in medical malpractice cases according to the U.S. Department of Justice.
You Have the Right to Legal Representation
Do not hesitate to contact a malpractice lawyer. We know you are going through a lot, but an attorney can guide you. Texas has specific laws regarding when and how you can file a medical malpractice lawsuit. At Begum Law Group, we will ensure you have the best chance of receiving compensation. Call The Law Giant at 866-523-4167 or contact us online to schedule a free, no-risk consultation.