GET ANSWERS TO YOUR QUESTIONS!

1. What is medical malpractice?

Answer: Medical malpractice is negligent treatment by medical providers, such as a doctor, hospital, nurse, chiropractor, therapist, or other medical practitioner. If a medical practitioner fails to act in accordance with accepted standards of practice in the diagnosis or treatment of a condition, they may be responsible for all damages that result, including pain and suffering, medical bills, loss of wages, or a death.

2. What are examples of medical malpractice?

Answer:

Example 1 - A patient underwent surgery with a certain anesthetic, even though they had previously had a problem with that anesthetic. The patient suffered greatly or died from the effects of the anesthetic. An anesthesiologist runs out of oxygen in the middle of an operation and the patient has a cardiac arrest.

Example 2 - During abdominal surgery, a doctor becomes distracted and cuts into the patient’s liver, seriously damaging it. A review of the case by other surgical experts demonstrates that in her distraction, the doctor failed to follow accepted protocols and procedures. The clinic would be liable for the medical bills, pain and suffering, and loss of wages that result.

Example 3 - A patient undergoes spinal surgery to remove a disc. During the operation, nerve damage occurs that, despite additional surgeries, is unable to be cured. The patient therefore has to live with back pain. During back surgery, the spinal canal is accidentally punctured and the patient either suffers a serious disability or long-term pain. A patient undergoes back surgery, but a tear in the covering of the spinal cord is not detected. The patient develops spinal meningitis and dies.

3. When should I suspect that medical malpractice might have occurred?

Answer: In most cases, the presence of medical malpractice is obvious, such as Example 2 above. However, the mere fact that the result of a surgery or treatment is not what the doctor predicted or expected does not necessarily means that medical malpractice has occurred. Rather, anytime a person learns that a doctor, hospital, nurse, chiropractor, or other medical provider did not follow accepted medical procedure, they should be concerned that medical malpractice has occurred. Quite often, the presence of a medical practice case can only be learned through consultation with an attorney experienced in handling medical malpractice matters.

4. Should I report an act of medical malpractice to any organization or institution?

Answer: Yes, if you have reason to suspect that a doctor, hospital, nurse or other medical provider had failed to act in accordance with the requirements of standard medical practice, this should be reported to the Texas Medical Board.

5. What is the Statute of Limitations for filing a claim for medical malpractice in the State of Texas?

Answer: Medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury, but not more than ten years after that date. For injuries to minors below the age of twelve, a malpractice suit must be commenced by the date of the minor's fourteenth birthday.

6. Whom can I sue for medical malpractice?

Answer: The responsible medical provider, and any other organization such as a medical corporation or hospital for which that individual worked.

7. Can I Sue a doctor for malpractice even though my case did not involve a surgery?

Answer: Yes. For example, failing to identify and treat a disease like cancer can give rise to a claim.

8. What damages can I recover in a medical malpractice case?

Answer: Where injury results, the damages include medical bills, both past and future, wage loss, both past and future, and past and future pain and suffering, as well as any disfigurement caused by the malpractice. In wrongful death cases, damages include medical bills, loss of support for family members, and loss of the aid, comfort, society, and companionship that the deceased person would have provided to the family members had he or she lived.

9. Do lawsuits take a long time? Is that true with malpractice cases?

Answer: Sometimes, but not always. Variables that affect the length of time a case takes include complexity of the case, the willingness of the insurance company for the doctor, hospital, nurse, chiropractor or other medical practitioner to resolve the case, and how long it takes to fully determine your damages from the medical malpractice.

10. How do I prove that I have been injured through medical negligence?

Answer: In most cases you need to have expert testimony, not only on the fact that the doctor was negligent but also what injuries you sustained as a result.

11. How much money will I receive if I win my medical malpractice case?

Answer: Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00. Total liability for any one health care facility may not exceed $250,000.00, and total liability for all defendant health care facilities may not exceed $500,000.00. This creates an effective overall damages cap of $750,000.00.

12. Do I need to retain an attorney in a medical Malpractice case?

Answer: Yes. Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.

Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.

13. How quickly should I contact an attorney?

Answer: Immediately. If you have been seriously injured or damaged by professional malpractice, it is important to seek the help of other professionals to verify that the malpractice occurred and determine what can be done to repair the damage caused by the malpractice. Contact us at 1-866-789-1664, or fill out the form on this page.