At Roberts Markland LLP, we know that holding healthcare providers accountable is an integral part of maintaining integrity in our health care system. Doctors take the Hippocratic Oath to help their patients and to do no harm. A recent John Hopkins study claims medical malpractice is the third-leading cause of death after heart disease and cancer in the United States. If you or a loved one have been the victim of a medical mistake or error. whether at the hands of a doctor, nursing home, or hospital, you need the guidance of a Houston medical malpractice lawyer.

By holding medical providers accountable for their actions through medical malpractice claims, it improves accountability and medical care for everyone. Let our skilled personal injury attorneys get to work for you.

When Does a Medical Error Rise to the Level of Malpractice?

Poor results after visiting a medical professional are common. Medicine and dentistry are imprecise professions, and even a doctor trying their best and following established procedures may not bring perfect results. Still, a negative outcome that appears to be out of the ordinary may justify a closer examination of the facts of the case.

All medical providers have an obligation under state law to provide competent care. In short, this requires them to treat patients as a reasonably skilled peer would under the same circumstances. It is when a provider fails to act in this way, and an injury occurs, that medical malpractice cases may be appropriate. Some of the most common types of malpractice are:

  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Unnecessary surgery
  • Birth injuries
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Disregarding or not taking appropriate patient history
  • Failure to order proper testing
  • Failure to recognize symptoms

To prove medical malpractice, it is almost always necessary to rely on the analysis and testimony of an expert witness. These are medical professionals who are able to evaluate the actions of defendant providers and provide their opinion as to why an injury was the product of malpractice. Not only are these experts a requirement for proving a case in court, but a person cannot even file a complaint without the help of an expert.

Texas Civil Practice & Remedies Code § 74.351 says that any allegation of medical malpractice must include an expert’s report; and this report must go to the defendant no more than 120 days after submitting an initial complaint. A Houston medical malpractice attorney could provide initial case evaluations and hire experts needed to prove a case in court.

Statute of Limitations for Malpractice

In the state of Texas, an injured patient has two years to file a medical malpractice lawsuit before the statute of limitations. This two-year period starts when the injury happened, when it was discovered, or on the last day of treatment. However, in some cases, medical malpractice cases may be filed up to 10 years after the act of negligence occurred under the state’s statute of repose legislation.

Fighting for Malpractice Compensation

Instances of medical malpractice can have a devastating effect on every part of a person’s life. In cases involving a delayed diagnosis, it may now be too late to provide effective treatment. Other situations involve botched procedures that require additional surgery or rehabilitation. In all examples of medical malpractice, a negligent doctor and their insurance provider must make the payments needed to set things right.

A Houston medical error attorney could pursue compensation for the costs of all additional medical care, reductions in a person’s quality of life, and even payments to cover lost income when an individual missed out on time at work. Since medical malpractice can be difficult to prove, it is imperative that someone only works with attorneys who understand the whole process. This includes negotiating settlements, securing medical experts to testify, and working with malpractice insurance providers.

Reach Out to a Houston Medical Malpractice Attorney Now

Doctors, dentists, nurses, and other practitioners have a duty under state law to perform their professions with a certain level of skill. While this does not mean that every poor result can justify a lawsuit, it does mean that certain errors could justify filing a lawsuit with a Houston medical malpractice lawyer. Get in contact with us and we can respond at a time that is convenient for you.