HOUSTON MEDICAL MALPRACTICE LAWYER
PRACTICE AREAS
In the United States alone, patients file between 15,000 and 19,000 medical malpractice lawsuits against medical professionals annually according to data from the Medical Malpractice Center. Additionally, medical negligence is the third leading cause of death among Americans today, ranking behind heart disease and cancer. Americans should feel a sense of safety and hope when they receive medical treatment for any kind of ailment, but with these startling statistics, that’s not the case for many patients. If you or a loved one in the Houston area believes they’ve suffered serious injuries due to medical negligence, it’s important that you seek legal representation at Reich & Binstock as soon as possible. Call a Houston medical malpractice lawyer at 713-622-7271 for a free consultation.
What is Medical Malpractice?
Medical malpractice is essentially the failure of medical providers — including doctors, pharmacists, radiologists, laboratory technicians, and nurses — to use reasonable care in treating a patient, resulting in harm. In other words, medical malpractice is basically when doctors make life-threatening errors. Medical malpractice can include surgical errors, nursing errors, hospital errors, and so much more.
Types of Medical Malpractice
There are many different medical errors that fall under the umbrella of medical malpractice, including:
- Misdiagnosis or failure to diagnose illnesses correctly
- Surgical error
- 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
- Leaving medical equipment inside the patient’s body following surgery
- 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 Medical Malpractice
Patients essentially have to prove the four elements of negligence in order to have the strongest medical malpractice case possible. An experienced 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 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?
Texas specifies the necessary criteria for holding a medical professionals accountable. Most of the time, your medical records must be released in order for an attorney to determine whether or not a mistake was made. An experienced Houston medical malpractice attorney can assist you in securing these records. According to a recent study, medical errors are one of the top contributors to mortality in the United States, so speak up and contact a medical malpractice attorney, even if you’re unsure!
How Can I Make a Medical Malpractice Claim in Houston, TX?
To make a medical malpractice claim, you’ll need to gather as much evidence as possible. This will give you a better chance at proving negligent behavior. Next, you’ll file a civil lawsuit with the help of a medical malpractice attorney. We’ll walk you through the exact steps during your initial free consultation.
Who Can I Sue for Medical Malpractice in Houston, TX?
If you’re filing for a medical malpractice lawsuit in Texas, you can sue the medical professional who was in charge of your care. Sometimes, the person who made the mistake directly may not be the only one at fault. Hospitals or medical facilities that employ your healthcare professional can also face a lawsuit for medical malpractice.
Statute of Limitations for Medical Malpractice in Houston, TX
You must file a claim for a medical malpractice suit in Texas within two years of the incident. However, in certain situations, exceptions do exist. For example, if the mistake wasn’t discovered until later, this can extend the two-year period.
Medical Malpractice Lawsuit Outcomes
According to data from the American Medical Association, 34% of all U.S. medical professionals have been sued due to medical negligence. Additionally, 16.8% of these medical professionals have been sued twice in their careers.
You may be wondering: how many of these doctors have won their medical malpractice cases? Well, the odds of winning are great for doctors, and not so great for patients. Researchers with Clinical Orthopaedics and Related Research studied 20 years of medical malpractice case data. They found that health care professionals win approximately 80 to 90% of cases with weak evidence, 70% of cases with subpar evidence, and 50% of cases with strong evidence. This research also found that courts will drop 80 to 90% of defensible medical malpractice cases without compensation for the victim.
While these statistics feel hopeless, there’s always a chance for victims to receive the justice they deserve following a medical malpractice incident. To have the best possible chance of winning, it’s crucial to have an experienced medical malpractice attorney from Houston, TX on your side. Experienced lawyers at Reich & Binstock can help you build the strongest medical malpractice case possible.
Call a Houston Medical Malpractice Lawyer at Reich & Binstock Today
If you believe you or a loved one has suffered an injury as a result of medical malpractice, then call a medical malpractice attorney at Reich & Binstock in the Houston area. We want to ensure that only the most skilled health care professionals keep their jobs while the ones who make constant mistakes face serious consequences. A Houston personal injury attorney will help you determine whether or not you have a case while providing you the compassion and support you need during this tough time. Call us today at 713-622-7271 for a free consultation.
There is a never a fee unless we recover on your behalf.
