Medical Malpractice Attorney

Pecan Grove, TX Medical Malpractice Attorney

Most of us rely on medical professionals to diagnose our medical issues, recommend treatments, and help us recover from our illnesses. We put our faith in hospitals and healthcare providers, expecting competent medical care. There are times, however, when medical providers can cause injury or harm patients through improper care or medical errors. If you are the victim of medical malpractice, you must speak to a knowledgeable medical malpractice attorney in Pecan Grove, TX.

Generally speaking, medical malpractice occurs when a medical professional or medical facility deviates from the accepted medical standard of care, and that deviation results in injury or harm to the patient. Damages are likely when a medical professional or medical facility fails to disclose risks or hazards associated with a treatment, surgical procedure, or prescription drug. If this failure to disclose the risks and hazards might have influenced the patient to make a different decision, then medical malpractice may be present.

An experienced medical malpractice attorney from The Brothers Law Firm can analyze the facts and circumstances surrounding your injury or harm, and then advise you whether you have legal grounds for a medical malpractice claim. Attorney John Brothers specializes in representing those who are victims of medical negligence. His comprehensive level of knowledge in medical law, healthcare regulations, the science behind medicine, and medical malpractice claims in general, ensures your medical malpractice case will be impeccably researched and carefully prepared. Since hiring the right medical malpractice attorney in Pecan Grove, TX is crucial to securing justice and obtaining compensation, The Brothers Law Firm is ready and able to help you obtain the best outcome possible.

How Do I Sue a Doctor or Hospital in Texas?

Pursuing a medical malpractice lawsuit can take time and perseverance, along with specialized legal and medical knowledge and the necessary resources. When you choose The Brothers Law Firm, we will first conduct a deep investigation into your medical records, then begin dissecting your case, beginning with your initial medical condition through to an error in procedure or treatment, a misdiagnosis, or a failure to warn.

We may file a complaint with the Texas Health and Human Services Commission—the Texas agency that ensures hospitals and other medical facilities provide safe, responsible care. If your injury or harm is the result of errors made by one or more physicians at the hospital, a complaint can be filed with the Texas Medical Board, which will review your complaint and create a report that could potentially be used to support your claims. Our firm will provide the hospital with a notice stating you intend to file a lawsuit against them at least sixty days before filing the actual lawsuit.

The notice of intent to file a lawsuit must be accompanied by an authorization form signed by you that releases your protected health information. We will then file a medical malpractice lawsuit that explicitly states the harm or injury caused by the hospital to you, along with your specific damages. At this point, the discovery process begins as we collect evidence to support your medical malpractice case. Depending on the strength of your case, it could be settled before the actual trial or may proceed to a trial and jury verdict.

How Long Do I Have to Sue for Medical Malpractice in the State of Texas?

It is important to note that the time to investigate your medical malpractice case is as soon as possible. Texas law requires all victims of medical malpractice to produce at least one medical expert report early in litigation, or no later than 120 days after a hospital or medical professional has filed an answer in response to your medical malpractice lawsuit. The more medical professionals you have on your side, the stronger your case. So, while the actual Texas statute of limitations (the window of time in which you have to file your case) is two years, sooner is always better.

In some cases, the timing of the medical error or negligence is clear—perhaps the date of surgery—so the statute of limitations would begin on that date. Other times, it can be more difficult to determine the actual date of the medical negligence. The “continuing treatment doctrine” can extend the start of the statute running to the time when the continuing treatment ends. Hidden negligence (like a surgical instrument or sponge left inside by mistake) prevents the statute of limitations from starting until a reasonable person should have or would have discovered a problem. In cases where a healthcare provider or hospital deliberately conceals the cause of an injury, extra time may be allowed under Texas law.

What Are the Limits for a Medical Malpractice Claim in Texas?

Unlike many other states, Texas law restricts the amount of compensation a jury can award to medical malpractice victims. In general, medical malpractice victims are entitled to economic damages (past, present, and future medical expenses related to the medical malpractice, lost income, and lost future earning capacity) as well as non-economic losses classified as “pain and suffering.”

While economic losses are easily quantified because they come with a specific financial number attached, non-economic losses are more difficult to calculate. Pain and suffering cover actual physical pain as well as mental and emotional pain and trauma. These types of damages are more subjective and, thus more difficult to place an exact number on. The Texas Medical Malpractice and Tort Reform Act caps non-economic damages against doctors and healthcare providers at $250,000, and non-economic damages against healthcare facilities at $500,000.

What Are the Most Common Reasons for Medical Malpractice Claims?

Across the nation, the most common reasons cited by those filing medical malpractice cases include:

Failure to diagnose or misdiagnosis of an illness or injury (about 26 percent of all medical malpractice claims are for harm suffered from a misdiagnosis or failure to properly diagnose an illness or injury)
Injuries sustained during childbirth to the baby or the mother
Failure to properly explain the risks of a procedure, treatment, or medication
Errors made during surgery, including anesthesia errors
Injuries caused by defective medical equipment

How a Medical Malpractice Attorney in Pecan Grove, TX from The Brothers Law Firm Can Help

When a mistake or error in judgment is made by a medical professional, the consequences can be severe, even tragic. When the appropriate standards of care are not followed by hospitals, other medical facilities, and healthcare professionals, the resulting harm can rise to the level of medical malpractice. The Brothers Law Firm is fiercely committed to those who have had their lives shattered by an instance of medical malpractice. The laws that govern medical malpractice in the state of Texas are complex, requiring an in-depth knowledge of these laws, along with a wide array of resources, experience, skills, and focus.

We are highly skilled negotiators as well as aggressive litigators, who will fight for our clients every step of the way. Attorney John Brothers began focusing on medical malpractice while in law school and has since improved the lives of many victims and their families by recovering compensation. The Brothers Law Firm has a reputation as an innovator and leader in medical malpractice across the state of Texas. We will work with medical experts and other professionals to build the strongest case on your behalf. Contact The Brothers Law Firm today; we are uncompromising in our efforts to better the lives of our clients.

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