What Types of Compensation Could Be Available Following a Surgical Error?
Suppose the negligence of a surgeon results in injury. In that case, the injured patient (or his or her family members, in the event of death) may be able to collect compensation for losses via a medical malpractice lawsuit.
Economic and non-economic compensation could include:
- All medical expenses related to the injury, including hospital costs, physician and surgical costs, doctor visits, rehabilitative therapies, prescription medications, and assistive aids.
- Lost wages if work is missed as a result of the injury. If the injured patient is unable to ever return to work, then lost future wages could also be part of the compensation.
- Impairment payments if the injuries have resulted in a partial or total disability, leaving the patient unable to participate in prior activities.
- Payment for disfigurement if the negligence resulted in scars, missing or deformed body parts, or other types of disfigurement.
- Pain and suffering for any physical pain resulting from the negligence and the resulting injury.
- Mental anguish, including depression, distress, anxiety, or PTSD resulting from the injury.
- Loss of consortium encompasses loss of physical intimacy or companionship resulting from the injuries.
- Lost care, maintenance, services, support, advice, and counsel the deceased would have provided his or her surviving family member.
- Lost love, companionship, comfort, and society.
- Lost inheritance, including what the deceased would likely have saved and left to surviving family members if he or she had lived a normal expected lifetime.
How Do I Know If I Have a Valid Surgical Error Claim?
It is almost impossible for an individual with no legal training to determine whether they have a valid surgical error claim on their own. On the other hand, an experienced Houston surgical error lawyer can gather the facts and evidence surrounding the error that caused your injury and tell you whether your claim is valid.
Perhaps you suffered harm during a surgical procedure, and you believe that harm was the result of a preventable mistake. If this is the case, you have the legal right to seek compensation for your damages—and to seek justice. Attorney John Brothers is ready to help you through the entire process, from start to finish, and to ensure you receive a fair settlement for your medical expenses, lost wages, pain and suffering, and other damages.
It must first be established that there was a breach of duty involved in the surgical error that caused you harm. Your Houston surgical error lawyer will determine whether the standard of care expected in the medical community was properly met. If it is determined that the standard of care was not met and as a result, you suffered a worsening of your condition or additional injuries, then your attorney will ask for compensation for your damages. Surgical error claims can be extremely complex, and will benefit significantly from the experience and skills of a Houston surgical error lawyer.
Establishing negligence involves proving that the expected standard of care was not met. This means that, given similar training and the same set of circumstances, another surgeon or healthcare provider would have acted much differently. Once the standard of care is established and it is shown that a breach of that standard of care occurred, your attorney will show that the breach was directly responsible for your injury or worsened condition.
Evidence gathering is also crucial to supporting a surgical error claim. Medical records, witness statements, surgical and anesthesia notes, diagnostic test results, pre-surgery notes, and photographs or videos from the procedure will be compiled by your attorney as they build a strong claim on your behalf. Your attorney may also bring in expert witnesses to help establish the negligence of the healthcare professional.
Finally, the level of damages you sustained will be determined by your attorney. Even if a surgeon made an error, if that error caused you no real damage, then you don’t have a valid surgical error claim. On the other hand, if the surgical error caused damages in the form of additional medical expenses, lost wages, future lost wages, pain, and suffering, emotional distress, or loss of enjoyment of life, provided all other elements are met, you have a valid surgical error claim. The severity of your injuries, the overall impact on your quality of life, whether you will require ongoing medical treatment or rehabilitation, and whether you will be able to return to work and make a living are all pieces of your economic and non-economic damages.
What Steps Should I Take Immediately After Discovering a Surgical Error?
Not all surgical complications point to a mistake on the part of the surgeon or other healthcare professional.
If, however, you are experiencing any of the following, there may have been a surgical error, and you must immediately seek medical help:
- Difficulty breathing
- Persistent nausea or vomiting
- Signs of infection at the incision site, including redness, excess drainage, inflammation, or fever
- Setbacks in your health following surgery
- Slow recovery
- New symptoms with no clear explanation
- Excessive pain that worsens rather than getting better
To ensure your surgical error claim is strong, there are specific things you can do following your surgery. First, seek immediate medical attention as soon as you realize a medical error is causing your adverse symptoms. All evidence must be properly preserved, so begin documenting and preserving evidence as soon as you realize a surgical error occurred. Keep your own set of records that include surgical notes, all communications with your healthcare provider, your medical records, and any detail you remember about the procedure. If the surgical error is visible, take photographs or videos of things like your incision or an object left behind.
Once you have gathered all relevant evidence, make an appointment with a Houston surgical error lawyer to discuss the issue. Your surgical error lawyer will review your medical records, advise you on your legal options, and fight for the compensation you deserve following a surgical error. This generally involves presenting a claim for damages to the insurance company. Discovery will be conducted on both sides, which includes exchanging relevant documents, medical records, and expert opinions.
Your attorney will negotiate with the insurer for a full and fair settlement on your behalf. If the insurance company refuses to agree to an equitable settlement, your attorney can file a lawsuit against the insurer. In many cases, simply filing a lawsuit will convince the insurer to agree to a fair settlement. If not, your attorney will prepare to argue your claim in court. Contacting an experienced Houston surgical error attorney as quickly as possible is the best step you can take for your future following a surgical mistake.
What Is Considered Essential Evidence in a Surgical Error Claim?
The purpose of a surgical error claim is to hold the surgeon, other healthcare professional, or hospital accountable for negligent actions. Surgical error lawyers hold the negligent party responsible for this negligence, helping victims get justice and financial compensation for their damages. The most essential evidence in a surgical error claim will be to establish that there was a clear breach of duty of care by the healthcare professional or hospital and that the breach of duty of care resulted in harm to you. Your attorney will show that the standards of medical care were not met by your healthcare professional or the hospital, and as a result, you were injured or your condition worsened.
Frequently Asked Questions About Surgical Errors
Why Is It Important to Have Local Representation for a Surgical Error Claim?
Having local representation for your surgical error claim is critical, given the necessity of understanding Houston's medical and legal environments. A local attorney will have insights into regional medical practices, regulations, and hospital protocols. They are also well-versed in the nuances of Texas law regarding medical malpractice. Moreover, they can leverage relationships with local medical experts who may serve as critical witnesses in your claim. These factors combine to provide a strategic advantage in pursuing your claim effectively.
What Are Some Common Misconceptions About Surgical Error Claims?
One common misconception about surgical error claims is that any poor surgical outcome automatically qualifies for compensation. However, proving malpractice requires demonstrating that the surgeon deviated from standard care norms. Another misconception is the belief that legal representation should only be sought if a claim is certain to succeed. In reality, consulting with an attorney can clarify complexities and offer potential solutions or strategies not initially apparent. Lastly, some believe surgical claims are too complex to handle, but with an equipped legal team, these challenges can be managed effectively.
What is The Statute of Limitations for Surgical Errors Claims in Texas?
In Texas, the statute of limitations for surgical error claims, which fall under medical malpractice, is two years from the date of the injury or the date the malpractice occurred. If the error was not immediately discovered, the claim must still be filed within two years of the date the injury should have been reasonably discovered.
Exceptions:
- The 10-Year Statute of Repose: Even if the injury is discovered late, Texas law generally bars claims filed more than 10 years after the negligent act.
- Minors: If the patient was under 12 years old at the time of the malpractice, they have until their 14th birthday to file a claim.
- Fraud or Concealment: If a healthcare provider intentionally conceals negligence, the deadline may be extended.
It’s best to consult a medical malpractice attorney in Texas to assess the specific details of your case.
How Our Houston Surgical Error Attorney Can Help You
The Brothers Law Firm is fiercely committed to those who have suffered an injury due to a surgical error and clear medical malpractice. Medical malpractice claims can be complicated, requiring in-depth knowledge of the laws governing claims. Attorney John Brothers is a highly skilled negotiator, as well as an aggressive litigator when warranted. We have many testimonials from prior clients who were extremely pleased with the outcomes of their medical malpractice or personal injury claims.
There are several ways that The Brothers Law Firm can support you through your surgical error claim in Houston:
- Clear communication and guidance. We explain every step of your case, from evidence collection to settlement discussions, so you are never left in the dark.
- Personalized representation every step of the way. Our approach ensures you have direct contact with Attorney John Brothers and a focused team that understands your needs.
- Local insight into Houston courts, hospitals, and healthcare systems. Our experience with local venues and procedures provides an advantage when developing your case and addressing challenges unique to the Houston area.
- Commitment to your best outcome. We work thoroughly to uncover the facts, pursue fair compensation, and help you move forward after your injury.
If you are searching for an experienced surgical error attorney Houston residents trust, our law firm is ready to support you every step of the way. We understand the sensitivity of these cases and the significant impact they have on your health and financial stability. Our approach is hands-on, ensuring that each client receives tailored guidance that reflects the complexities of their unique situation. By staying current with Texas regulations and frequently representing clients in Harris County courts, we offer informed advice about how local practices, court procedures, and state laws apply to your surgical error claim. This local knowledge is especially important when dealing with major Houston healthcare systems and hospitals, as familiarity with their protocols can help build a stronger case for our clients. Whether collecting crucial medical records or preparing for trial in Harris County, we are committed to making the process as manageable as possible for our clients.
Attorney John Brothers has fought for the rights of medical malpractice and personal injury victims throughout his entire legal career—even while he was a student in law school at the University of Houston. While in law school, John clerked simultaneously at two highly respected Houston medical malpractice and personal injury firms. After graduating from law school, John was hired by one of those firms, and only three years later, he was managing a complex docket. In 2013, John was recruited as a partner for one of the largest medical malpractice law firms in the state of Texas.
Since that time, John Brothers has handled hundreds of medical malpractice and personal injury claims, recovering millions of dollars for victims and their families. John is highly respected for the integrity, knowledge, professionalism, and skill he brings to every single claim and is a champion for those who need one the most. At The Brothers Law Firm, we have the focus, experience, and resources to ensure you are adequately compensated for your injuries. Contact a lawyer at The Brothers Law Firm in Houston for a comprehensive evaluation of your surgical error claim.
Contact The Brothers Law Firm today to get started with our Houston surgical error lawyer.
