HOUSTON MEDICAL MALPRACTICE LAWYER

There are many different medical errors that fall under the umbrella of medical malpractice, including:

• Misdiagnosis or failure to diagnose illnesses correctly
• Surgical error
• IV infiltration
• Performing an unnecessary surgery or medical procedure
• Discharging a patient before they’re ready to go home
• Failure to order the correct scans or tests
• Failure to act on scan or test results
• Prescribing the wrong medication or the wrong dose of a medication
• Failure to schedule follow-up appointments
• Retained surgical instruments
• Performing surgery on the wrong body part
• A patient suffering from a severe infection they got while in the hospital
• A patient suffering from bedsores while in the hospital
• Constant, severe pain after surgery
• Severe birth injuries caused by a medical professional
• Any error that ultimately leads to wrongful death

Informed Consent as a Medical Malpractice Issue

Patients can also sue medical professionals for lack of informed consent. Basically, this means that a medical professional didn’t provide the patient with all the treatment information regarding risks, side effects, etc. If a patient agrees to any kind of medical treatment and they later experience a risk or side effect that wasn’t previously mentioned, they can certainly sue their doctor for medical negligence even if the treatment went perfectly. The patient may be able to recover compensation from this lack of informed consent.

For example, if a surgeon fails to notify a patient that there’s a 30% chance they could lose their leg from a treatment and the patient loses their leg, the patient can sue the surgeon even if they performed the procedure flawlessly. This is because if the surgeon had notified the patient of the risks, they might have decided against that specific course of medical care.

Necessary Elements for a Medical Malpractice Claim

Patients essentially have to prove the four elements of negligence in order to have the strongest medical malpractice case possible. An experienced Houston personal injury attorney at our law firm can certainly help you do this.

Basically, you must prove that a healthcare professional or a medical facility:

• Had a duty of care. All medical professionals are responsible for your health and wellbeing once you become their patient. They owe you the best standard of care they can possibly give you.

• Breached this duty of care. A healthcare provider knowingly or unknowingly didn’t give you the best possible care for whatever reason.

• Caused serious injury or wrongful death. A medical malpractice case doesn’t exist if a patient believes the doctor was negligent but no injury happens. The patient must show that medical negligence caused the injury and that it would not have occurred if it had not been for the negligence.

• Caused considerable damage for the patient. The patient must establish that the injury or harm caused by medical malpractice resulted in considerable damage.

The term “considerable damage” can mean that the patient suffered harm, constant pain, lost wages, disability, serious illness or injuries, and emotional distress from a medical professional’s negligence.

This means that a patient can’t file a lawsuit just because they’re not happy with their treatment, especially if the treatment didn’t cause injury or death. Patients whose cases meet this criterion can file a medical negligence lawsuit with a Houston medical malpractice lawyer at our law firm. We will fight for you to receive maximum compensation.

Compensation for Medical Malpractice Cases

Depending on the facts of each case, Houston medical malpractice lawyers can fight for you to receive economic, non-economic, and punitive damages.

Economic Damages

Economic damages basically cover all monetary losses you suffered as a result of your medical malpractice case. This type of damages will cover:

• All future medical treatments necessary to reverse or repair the damage caused

• Future life care expenses for permanent disabilities

• Costs for medications that will treat or improve injuries caused by negligence

• Future physical therapy and rehabilitation costs

• Lost wages

Non-Economic Damages

Meanwhile, non-economic damages are those that don’t have a set monetary value. They generally include:

• Pain and suffering due to the injury caused by medical or surgical errors

• Mental anguish following the injury, such as anxiety, depression, PTSD, sleep loss, and more

• Loss of life enjoyment

• Loss of consortium

Punitive Damages

Punitive damages are harder to win than economic or non-economic damages. This is because the court must prove that the doctor is guilty of malicious or willful misconduct. Generally, medical malpractice cases center around medical professionals making mistakes, not being inherently malicious.

But, punitive damages serve to punish the medical professional at fault, not really to further compensate the victim.

Regardless of the details of your medical malpractice case, Houston medical malpractice lawyers will fight for you to receive the fair compensation that you deserve.

How Do I Know if I’ve Been a Medical Malpractice Victim in Houston, TX?