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When you receive medical treatment, you expect to feel better – not worse. Unfortunately, patients do not always receive the care they deserve. According to statistics, medical errors cause hundreds of thousands of deaths and injuries every year in the United States. If you suffered an injury, became sick, or lost a loved one due to a medical error in Texas, you are not alone – and there may be legal options to help your family pursue justice.
At The Queenan Law Firm, P.C., we take pride in providing aggressive legal representation to the victims of medical malpractice in Houston. If you, your spouse, or one of your family members was harmed by the careless actions of a doctor or surgeon, we can help you fight to recover the compensation you deserve, including compensation for your medical bills and lost wages. Serving patients throughout the Houston area, we are here 24/7 to offer the guidance you need. For a free consultation with an experienced Houston medical mistake attorney, call Queenan Law at (817) 476-1797, or contact us online today.
When Can You Sue for Medical Mistakes Made a Doctor in Houston?
The state of Texas has reformed its tort laws in recent decades, which has created certain challenges for the victims of medical malpractice. In the complex regulatory landscape created by these reforms, it is critical for injury victims to have solid legal counsel, which “levels the playing field” while taking pressure off of the victim and their family.
While each case is unique, there are several common factors or elements that go into a successful medical malpractice lawsuit in Texas. First, the plaintiff must prove that the defendant owed him or her a “duty of care,” like the duty that is owed by physicians to their patients. Second, the plaintiff must show that the duty of care was somehow breached or broken. There are many ways that this can occur, such as failing to diagnose cancer or other serious conditions, failing to perform a surgical procedure properly, or prescribing the wrong medication to a patient. Finally, the plaintiff must show that the medical error caused him or her to suffer an avoidable injury, illness, or financial loss.
Types and Examples of Medical Errors
Medical errors can take many forms, depending on the type of doctor, procedure, and treatment regimen that is involved. Some common types of medical errors that may constitute malpractice or negligence include, but are not limited to, the following examples:
- Administering medication or treatment to the wrong patient
- Failing to explain potential risks, dangers, and alternatives to a patient
- Failing to follow up with a patient as necessary, particularly after a major surgery or after prescribing new medication
- Failing to remove objects from the patient’s body after surgery (such as accidentally leaving a gauze pad inside the patient’s abdomen)
- Failing to diagnose a serious condition accurately and in a timely fashion
- Failing to use or sterilize instruments properly
- Performing a surgery improperly (such as using the wrong technique, making unreasonable delays before performing the surgery, or operating on the wrong area of the patient’s body)
- Prescribing the wrong type or dose of medication to a patient
Common Causes of Medical Mistakes in Houston, TX
Researchers have identified various causes and risk factors that increase the likelihood of patient death or injury. Unfortunately, many of these causes persist unaddressed or inadequately addressed in hospitals, clinics, and private practices throughout the nation. Potential causes of medical errors include, but are not limited to:
- Distraction
- Fatigue
- Inexperience
- Lack of proper supervision
- Improper procedures around shift changes
- Translation or transcription errors
- Failures to adequately screen or train employees
What is My Medical Malpractice Claim Worth?
Every medical malpractice claim is affected by a unique set of factors, which means no two lawsuits are identical. The worth of a claim is dependent on factors like how much income the victim was earning, how his or her earnings will be affected in the future, and the nature or severity of the injuries sustained.
In a Texas medical malpractice lawsuit, the plaintiff may be able to recover several types of damages. This means it may be possible to get compensated for medical treatment, lost wages, pain and suffering, loss of enjoyment of life, and other losses or harm suffered.
Certain damages are capped, while others are unlimited. For example, there is no limit on the recovery of economic damages, which means there is no cap on compensation for medical bills or other out-of-pocket expenses.
Houston Medical Mistake Lawyers Serving Texas
Under Texas law, doctors and other healthcare professionals are accountable when their careless actions lead to patient deaths or injuries. If you believe that your injury or illness resulted from improper treatment, talk to an experienced medical mistake injury lawyer at The Queenan Law Firm, P.C. about your family’s legal options. Depending on when and why your injury occurred, you may have a case against your doctor, the hospital you were admitted to, or other parties. For a free legal consultation with a Houston malpractice attorney, call Queenan Law at (817) 476-1797, or contact us online today.