Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider’s actions (or inactions) deviate from an accepted standard of care and result in an injury. This standard of care refers to the level of skill and knowledge a reasonably competent healthcare professional in the same field would provide under similar circumstances. Proving that a healthcare provider failed to meet this standard and that this failure directly caused harm is essential in a successful medical malpractice case.
Types of Medical Malpractice Cases We Handle
At Turnbull Legal Group, we handle a wide range of medical malpractice cases, including:
Birth Injuries
Injuries resulting from negligence during labor and delivery, including cerebral palsy, Erb’s palsy, or brachial plexus injuries.
Surgical Errors
Mistakes made during surgery, including wrong-site surgery, retained surgical instruments, nerve damage, organ perforation, or anesthesia errors.
Misdiagnosis or Delayed Diagnosis
Failure to diagnose a condition accurately or in a timely manner, leading to worsened prognosis, unnecessary suffering, or even death.
Medication Errors
Incorrect dosage, administration, or prescription of medication, harmful drug interactions, or failure to consider a patient’s allergies.
Anesthesia Errors
Negligence in administering anesthesia, monitoring vital signs during surgery, failing to recognize complications, or improper intubation.
Emergency Room Errors
Failure to diagnose life-threatening conditions, delayed treatment in the ER, or inadequate care leading to worsened conditions.
Hospital-Acquired Infections
Infections developed during a hospital stay due to unsanitary conditions, improper sterilization, or poor infection control practices.
Nursing Home Abuse and Neglect
Failure to provide adequate care, supervision, or hygiene for nursing home residents, leading to bedsores, malnutrition, falls, or other injuries.
Failure to Obtain Informed Consent
Performing a procedure or treatment without fully explaining the risks and benefits and obtaining the patient’s informed consent.
Our Approach to Medical Malpractice Litigation
At Turnbull Legal Group, we believe in clear communication and a personalized approach to every medical malpractice case. Here’s how we work for you:
- Listen Carefully
We start by listening to your story and understanding your unique needs and concerns. - Investigate Thoroughly
We dig deep into the details of your case, reviewing medical records, interviewing witnesses, and consulting with medical experts. - Explain Clearly
We make sure you understand the legal process every step of the way. - Build a Strong Case
We develop a compelling legal strategy tailored to your situation, gathering evidence to prove negligence and the extent of your damages. - Negotiate Firmly
We are skilled negotiators and will work tirelessly to secure a fair settlement that meets your needs.
Finally, if a fair settlement cannot be negotiated, our experienced trial lawyers are fully prepared to argue your case in court.
Medical Malpractice: Recognizing the Warning Signs
While medical negligence can occur in various ways, some common causes are often related to systemic issues, communication breakdowns, and human factors.
Here are some of the most frequent contributing factors in medical malpractice cases:
Communication Errors
Miscommunication between healthcare providers can lead to misdiagnosis, delayed treatment, or incorrect medications. For example, a doctor’s instructions might not be relayed accurately to nurses, or vital information may be missed in patient handoffs.
Fatigue and Burnout
Overworked and fatigued healthcare workers are more prone to errors. In demanding medical environments, doctors, nurses, and other staff may be working long hours, which can lead to reduced vigilance, mistakes, and poor decision-making.
Inadequate Training
Lack of proper training or experience can contribute to negligence. This can happen when doctors or nurses are working outside their area of expertise, or when new technologies or procedures are introduced without adequate training.
Systemic Issues
Issues within healthcare facilities — such as understaffing or inadequate equipment — can contribute to negligence. When hospitals or clinics are understaffed, healthcare workers may be rushed, unable to provide comprehensive care, or overwhelmed with their workload. Inadequate equipment or technology can also lead to errors, delays, or inaccurate diagnoses.
These are just a few of the most common factors, and each case is unique. If you believe that you’ve been a victim of medical negligence, it is crucial to consult with a qualified attorney who can carefully review your specific situation.
Potentially Liable Parties in a Houston Medical Malpractice Case
Medical malpractice lawsuits can involve various parties, depending on the specific circumstances of the case. Here are some common parties that could be held liable for medical negligence:
- Doctors
If a doctor's negligence — such as a misdiagnosis, improper treatment, or surgical error — directly leads to harm, they can be held accountable. - Nurses
Registered nurses may make errors in medication administration, fail to monitor vital signs, or fail to report changes in a patient's condition. - Hospitals
If a hospital's negligence — such as a lack of proper training for staff, inadequate facilities, or failure to follow safety protocols — contributes to a patient's injury, they could be held liable. - Pharmacists
Errors in filling prescriptions or dispensing incorrect medications can lead to serious harm. - Other Healthcare Professionals
Physician assistants, nurse practitioners, and physical therapists can also be held liable for negligence. - Medical Device Manufacturers
If a medical device malfunction contributes to a patient's injury, the manufacturer could be held liable. - Nursing Homes
Negligence in providing care, supervision, or hygiene can lead to injuries such as bedsores, malnutrition, or falls.
Determining the specific parties liable in a medical malpractice case requires a thorough investigation and evaluation of all relevant facts and circumstances. Your medical malpractice attorney will identify all liable parties and help you pursue maximum compensation.
What Does It Take to Win Your Medical Malpractice Case?
To succeed in a medical malpractice lawsuit, you typically need to prove the following elements:
Doctor-Patient Relationship
There must have been a doctor-patient relationship, meaning a healthcare provider owed you a duty of care. This is usually established by evidence that you sought medical treatment from the doctor or healthcare facility.
Breach of Duty
The healthcare provider’s actions (or inactions) must have fallen below the accepted standard of care. This typically requires expert testimony from other qualified healthcare professionals in the same field.
Causation
You must prove that the healthcare provider’s breach of duty was the direct cause of your injuries. This means showing that if the healthcare provider had acted properly, your injuries would not have occurred. This can be challenging and often requires expert testimony to establish a causal link between the negligence and your injuries.
Damages
You must demonstrate that you suffered losses as a result of the negligence. This can include tangible losses like medical expenses, lost wages, future care costs, and rehabilitation expenses — they can also include more intangible losses like pain and suffering, emotional distress, loss of consortium (loss of companionship), and loss of enjoyment of life.
Proving all of these elements is often a complex process that requires skilled legal representation. An experienced Houston medical malpractice attorney can help you gather the necessary evidence, build a strong case, and navigate the legal system to fight for the compensation you deserve.
Understanding the Value of Your Medical Malpractice Claim
In a medical malpractice case, the compensation you may be eligible for may come in various forms and amounts. The first kind of damages you may recover include economic damages, which are designed to cover your actual financial losses. This includes:
- Medical Expenses
Doctor visits, hospital stays, surgeries, medications, physical therapy, and other related treatments. - Lost Wages
Current lost wages and future impacted earnings if the injury prevents you from returning to your previous job or limits your earning capacity. - Future Care Costs
Expenses for ongoing medical care, therapy, or necessary assistive devices. - Rehabilitation Expenses
Costs for rehabilitation services, such as occupational therapy, physical therapy, or speech therapy.
The other kind of compensation you may pursue is non-economic damages, which are intended to compensate you for your intangible losses. This includes:
- Pain and Suffering
Compensation for physical pain, emotional distress, and mental anguish. - Emotional Distress
Compensation for emotional trauma, anxiety, fear, depression, and other psychological impacts. - Loss of Consortium
Compensation for the loss of companionship, love, support, and intimacy with your spouse or partner. - Loss of Enjoyment of Life
Compensation for your diminished ability to engage in activities and experiences that you previously enjoyed.
There are several factors that can impact the value of your claim, including:
- Severity of Injuries
The more severe the injuries and the longer-lasting their effects, the higher your potential compensation value. - Nature of the Negligence
More egregious negligence — such as a misdiagnosis that leads to delayed treatment — can result in higher damages. - Impact on Your Life
The extent to which the injury has affected your ability to work, enjoy life, and maintain relationships can increase the value of your claim. - Your Medical History
Pre-existing conditions may be factored into the determination of damages. - Legal Precedents
The outcome of similar cases can provide insight into how much you might qualify for.
It is crucial to consult with an experienced medical malpractice lawyer to discuss your case and understand the potential value of your claim.
Providing Comprehensive Legal Support After a Medical Malpractice Death
Losing a loved one is never easy, and when that loss is caused by medical negligence, the pain and grief can be even more profound. At Turnbull Legal Group, we understand the immense emotional and financial burden this places on families. We are here to provide support and guidance during this difficult time.
Our team will work with you to:
- Navigate the Legal Process
We will explain your rights and options related to wrongful death claims, ensuring you understand the legal process and your choices. - Gather Necessary Evidence
We will meticulously gather evidence to support your claim, including medical records, witness statements, and other relevant documentation. - Seek Justice and Compensation
We will fight for the justice and compensation your family deserves, holding negligent healthcare providers accountable for their actions. - Address Financial Concerns
We will help you understand the potential for recovering any relevant financial compensation your family might be eligible for.
Let our team guide you through this immensely challenging time.
The Texas Statute of Limitations for Medical Malpractice
The Texas statute of limitations requires you to file a medical malpractice lawsuit within two years from the date of the injury or the date you discovered the injury.
However, this deadline has different rules for minors or when the injury is hidden or difficult to discover. To ensure you understand the timeframe in your case and don’t run afoul of these guidelines, it’s crucial to contact a qualified attorney as soon as possible.
Steps to Take After Experiencing Medical Malpractice
It can be overwhelming to navigate the aftermath of medical negligence, but here are a few steps you can take to protect your rights and move forward:
- Seek Immediate Medical Attention
Prioritize your health and well-being. Seek prompt medical care to address your injuries and receive appropriate treatment. - Gather and Preserve Evidence
Collect medical records, bills, witness statements, and any documentation related to your injury. - Contact a Houston Medical Malpractice Lawyer
Consult with an attorney experienced in medical malpractice cases as soon as possible.
Don’t wait to take action! The sooner you contact us, the sooner we can start fighting for your rights. Call today to speak to a Houston medical malpractice lawyer.
Justice Shouldn’t Come at a Cost
We understand the financial burden that a medical malpractice case can place on victims. That’s why we offer contingency fee arrangements, which means you don’t owe us any fees unless we win your case.
