Medical Malpractice Attorney

Tomball, TX Medical Malpractice Attorney

According to CNBC, at least 250,000 people die each year in U.S. hospitals as a result of medical errors or mistakes in care. This makes medical errors the third leading cause of death across the nation. Those who have suffered as a result of medical malpractice may be unsure of what they need to do or where they should turn. A medical malpractice attorney is a lawyer focused on helping those who have been injured by the negligence of a medical professional or hospital.

Medical malpractice occurs much more often than most of us realize—and certainly more often than it should. Since medical malpractice lawsuits can be extremely complex, having an experienced medical malpractice attorney in Tomball, TX can make the entire process less complicated and stressful. A knowledgeable medical malpractice lawyer from The Brothers Law Firm will have a specific set of skills, qualities, and experience that includes:

Legal knowledge and acumen that allows the attorney to understand all the issues, gather appropriate evidence, prepare a solid case, and keep that case moving forward.
A deep understanding of the medical profession that allows the attorney to establish which rules were broken while also understanding the science behind the medicine.
Years of experience with medical malpractice cases and an ability and willingness to take the case to trial.

What is the Basis for Most Medical Malpractice Claims?

Under Texas law, it must be proven that the patient would not have suffered the injury or damage “but for” the negligence of the medical provider—it must be shown to be more likely than not that the outcome would have been significantly different in the hands of another healthcare provider. A medical malpractice attorney in Tomball, TX must prove that your medical healthcare provider was negligent in their care of you which requires proof of:

Duty of Care—It must be established that you were a patient of the healthcare provider, which means you were owed a “duty of care.” This duty of care means that your care must be consistent with established medical standards. It also means that another healthcare provider, given similar training and the same set of circumstances, would have provided a different type of care.
Breach of Duty of Care—A breach of duty of care means your medical provider failed to provide the accepted level of care.
Causation—Your attorney will show that your injuries are a direct result of the breach of duty of care.
Damages—It must be shown that the breach of duty of care and subsequent injuries resulted in damages to you—financial damages, physical damages, and emotional damages.

Your medical malpractice attorney in Tomball, TX from The Brothers Law Firm will gather lots of information, comprehensively review all your medical records, and conduct interviews and depositions to help build a solid case on your behalf. Our highly experienced medical malpractice attorneys will work with medical experts who can support the facts of your case and/or be witnesses at your trial. Medical malpractice claims are among the most complex of all legal proceedings because they can take a long time and are often difficult to prove. Attorney John Brothers uses his medical malpractice experience and knowledge to provide high-quality legal services to those who are victims of the negligence of a medical professional.

What Are the Most Common Forms of Medical Malpractice?

Any time a medical professional fails to act in a manner that another medical professional would have done under similar circumstances and the resulting outcome is adverse, medical malpractice may have occurred. There are three broad categories of medical error:

Failure to warn a patient of the potential risks of a treatment, a surgical procedure, or the side effects of a drug is a form of medical error.
Negligent treatment administered to a patient in the form of a mistake that another similarly trained, competent medical professional would not have made.
Failure to properly diagnose an existing medical condition—or a misdiagnosis of a medical condition the patient does not have, leading to improper treatment—are among the most common medical errors. Errors that occur in an emergency room setting can be more difficult to prove, as it must be shown that the ER healthcare providers were not merely careless, but also “willful and wanton” in their disregard of the patient’s needs.

While the above three types of medical errors are the most common, in the state of Texas, failure to disclose risks or hazards that might have influenced a person to make a different decision is the primary legal theory under which recovery can be obtained.

How Do I File a Medical Malpractice Claim in Texas?

Filing a Texas medical malpractice claim should never be a DIY endeavor. The process of filing a medical malpractice claim is complex and usually lengthy. Your attorney will have you fill out an Authorization to Disclose Protected Health Information (a HIPAA release form), which will accompany the notice to the hospital or healthcare provider that you plan on filing a medical malpractice lawsuit.

This notice must be provided at least 60 days before the lawsuit is filed. The complaint must explicitly state the harm caused to you, as well as your damages. Your attorney can then begin the discovery process. The Texas Medical Disclosure Panel was created to determine what risks and hazards related to medical care and surgical procedures must be disclosed to patients. In most cases, disclosures of the known risks of a treatment, surgical procedure, or prescription drug must be given to the patient in writing, and it must be signed by the patient.

What Are Common Damages in a Medical Malpractice Claim?

Texas law restricts the amount of compensation an individual can be awarded in a medical malpractice claim for pain and suffering. Compensation may include lost wages, lost future earning capacity, past and future medical expenses, and non-economic losses known as pain and suffering. Pain and suffering losses are capped at $250,000 when the claim is against a doctor or healthcare provider, while non-economic damages against a hospital are capped at $500,000. If both a healthcare provider and a hospital are found negligent for pain and suffering the maximum recovery is $250,000-$750,000.

How an Experienced Medical Malpractice Attorney in Tomball, TX from The Brothers Law Firm Can Help

Choosing a medical malpractice attorney in Tomball, TX from The Brothers Law Firm ensures you have an attorney who is laser-focused on improving your life. We only handle medical malpractice claims, so our experience and knowledge of these cases are extensive. While other law firms may have sufficient competence in medical malpractice, The Brothers Law Firm has the resources, insights, and experience necessary to maximize your recovery. At The Brothers Law Firm, we are uncompromising in our efforts to better the lives of every client. Contact The Brothers Law Firm today for a free initial consultation.

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