CALL (800) 863-5312 to speak with Texas Medical Malpractice Lawyers for free
When you go to a doctor or other healthcare provider, you expect to be treated with care and expertise. Most importantly, you generally expect to leave in a better condition, or at the least, no worse off than before seeking help. The last thing you expect is to suffer injury at the very hands of the medical experts you are trusting to help you. That’s why it’s important to call Texas medical malpractice lawyers if you think you need help.
If you were injured by a healthcare provider, call Zinda Law Group today at (800) 863-5312 to schedule your free consultation with a skilled medical malpractice lawyer near you. If we cannot win your case, you will not owe us anything.
What Is Medical Malpractice?
Under Texas law, each person in our society has a duty to exercise care in order to prevent injury to others. This is known as the “standard of care.” Examples include following the speed limit. Licensed professionals such as doctors or medical providers are held to a higher standard of care due to the sensitive nature of their work. When they are found to have violated the standard of care, the provider has committed medical malpractice.
What Should You Do If You Were Hurt By a Medical Provider?
There are ways you should try and protect yourself from being harmed further by healthcare providers if you suspect you are a medical malpractice victim:
Document Everything
Document dates, times, names of doctors or nurses, and dosages of medications you’ve been prescribed. Document what is said and prescribed to you at doctor’s appointments. Try and document things as they are happening, if possible.
Ask Questions
Do not be afraid to ask your doctor or nurse questions pertaining to your health care. You may want to ask:
- Why am I being prescribed this?
- Why did this happen?
- How is this going to be fixed?
You have a right to know what’s going on with your body, so be persistent until you receive an answer.
Obtain Medical Records
You are entitled to your own medical records, so don’t be afraid to ask for them. You do not need to explain why you need a copy of them. If you are planning on filing a lawsuit, do not tell anyone you are requesting the records because you are filing a lawsuit. After you get the records, review them to ensure you have the complete file.
Common Examples of Medical Malpractice in Texas
Given the wide range of medical care provided by many types of healthcare providers, medical malpractice may occur in a variety of ways, with each case being unique. However, some of the more common examples of medical negligence include:
Surgical Error
Surgical errors are often the type of medical negligence that first comes to mind for many people, especially given the horror stories of various objects being left inside a patient’s body after a surgery or a surgeon removing the wrong limb or organ from a patient. Common examples of a surgery gone wrong in Texas include:
- Leaving an object or surgical instrument inside a patient
- Using either an excessive or insufficient amount of anesthesia on the patient
- Negligently damaging nearby organs or tissue while operating on the patient
- Operating on the wrong part of the patient’s body
- Performing a surgical procedure on the wrong individual
When patients undergo even a minor surgical procedure, they have a right to expect the surgeon to uphold their legal duty to perform the procedure with the necessary skill and applicable standard of care. If the surgeon breaches this duty and harms you, your medical malpractice lawyer can help you pursue the compensation you may be entitled to for any resulting injuries or damages.
Diagnostic Errors
Despite their years of education and ongoing training, physicians are not infallible and may make a mistake in diagnosing a patient’s illness or injuries. In some cases, this may rise to the level of medical malpractice, where the physician fails to exercise the applicable standard of care and a reasonable physician under the same circumstances would have made the correct diagnosis. Common diagnostic errors that may lead to malpractice claims include:
- Failing to diagnose cancer
- Failing to diagnose internal or underlying conditions that may cause serious harm if not diagnosed in time
- Failing to order necessary tests
- Failing to properly interpret the patient’s test results
- Failure to diagnose a stroke or heart attack in time
Failing to Obtain Informed Consent
Another common example of medical negligence occurs when a healthcare provider fails to obtain a patient’s informed consent before performing any operation or treatment. To obtain the patient’s informed consent, the physician or healthcare provider is generally required to adequately explain each risk that may be associated with the treatment, regardless of whether the treatment is a surgical operation or a prescribed medication with potentially dangerous side effects. If your doctor failed to obtain your informed consent before you agreed to any treatment and you were hurt as a result, you should call a medical malpractice lawyer to discuss your legal options.
Errors in Communication
Patients may also suffer injuries caused through incomplete or inaccurate communication among the constantly rotating staff of physicians or other staff, especially when the patient is staying in a hospital for an extended period of time. Healthcare providers must also make sure that communication between physicians, nurses, and other members of healthcare staff is thorough and complete so that critical information is not omitted or overlooked. Physicians and other staff must communicate clearly with each other about the patient’s treatment he or she is receiving, as well the patient’s current condition or symptoms, or any additional information that may be necessary to provide the patient with the appropriate level of care.
Negligence Involving Prescriptions
Patients also trust their physicians to use their expertise and training to know which prescriptions are safe for patients and how those prescriptions could cause an allergic reaction in the patient or could potentially cause harmful interactions with other prescription medications the patient is taking. Patients also trust that their pharmacist will fill the prescription using the correct medication in the correct dosage amount according to the doctor’s prescription.
Negligent errors by the physician or pharmacist involving a patient’s prescription medication could cause harmful side effects or even permanent or fatal injuries in some cases. If you were injured as a result of negligence by your doctor or pharmacist, a medical malpractice lawyer may be able to help you pursue any compensation you may be entitled to.
Amputation Malpractice
Amputation malpractice can occur at several stages of a patient’s care. Common examples include a failure to diagnose a condition like vascular disease in time to save a limb, surgical mistakes during the procedure itself, and inadequate post-operative monitoring that allows complications to progress. In the worst cases, negligence results in an amputation that was never medically necessary.
These injuries leave patients with permanent disability and often affect their ability to earn a living. Our attorneys work with surgical and vascular medicine experts to determine whether the standard of care was met and pursue compensation for medical costs, lost wages, and pain and suffering.
Botox and Cosmetic Injection Negligence
Botox malpractice most commonly involves incorrect dosages, improper injection technique, or a provider’s failure to disclose known risks before the procedure. Complications can range from temporary bruising and drooping to permanent nerve damage or disfigurement. Patients have the right to informed consent and to a properly licensed, trained provider before any cosmetic procedure.
Texas medical malpractice law applies to cosmetic injections performed by licensed medical professionals. Our attorneys handle cases where a provider’s negligence caused harm, and we pursue compensation for medical expenses, pain and suffering, and any corrective treatment needed. The American Board of Cosmetic Surgery provides a directory of qualified providers if you want to verify a provider’s credentials before treatment.
Toxic Chemical Exposure (Formaldehyde)
Formaldehyde is used in healthcare facilities, laboratories, and industrial settings, and improper handling can cause serious harm to patients and workers. Exposure has been linked to eye and respiratory irritation, headaches, skin reactions, and an increased risk of leukemia and nasopharyngeal cancer according to the National Cancer Institute. Federal and state regulations require employers and facility operators to control exposure levels, and failure to do so creates legal liability.
Victims of formaldehyde exposure in healthcare or industrial settings may have a claim for medical expenses, lost wages, and pain and suffering. Our attorneys review medical records, testing results, and workplace safety documentation to build a case against those responsible for the unsafe conditions.
Birth Injuries in Texas
A birth injury occurs when a healthcare provider’s failure to meet the standard of care causes harm to a baby during pregnancy, delivery, or the immediate post-birth period. Providers are required to monitor vital signs, use equipment correctly, administer medications properly, and respond to signs of fetal distress without delay. When those duties are not met, the damage to a child can be permanent.
Risk factors for birth injuries include premature birth, difficult or prolonged labor, and pregnancy complications. Even when these risk factors are present, providers must take every appropriate step to protect the baby. Our Texas birth injury lawyers have experience investigating delivery room negligence and holding the right parties accountable.
Cerebral Palsy
Cerebral palsy is a neurological disorder that affects muscle tone, movement, and coordination. It develops during the early stages of life, often before or during birth, and can be caused by a failure to diagnose conditions that lead to brain damage during pregnancy or childbirth. Early intervention is critical in reducing severity, and a delayed response from a provider can significantly worsen the outcome.
Our attorneys work with experts in obstetrics, neonatology, and pediatric neurology to determine whether negligence caused your child’s cerebral palsy. Families may be entitled to compensation for lifetime care costs, therapy, and pain and suffering.
Brachial Palsy (Erb’s Palsy)
Brachial palsy occurs when the nerves controlling arm movement and sensation are injured during delivery. The most common cause is excessive force applied to the baby’s neck or shoulder, often during a difficult delivery involving shoulder dystocia. Additional risk factors include maternal diabetes, large birth weight, and a history of complicated deliveries.
According to the American Academy of Orthopaedic Surgeons, approximately 1 to 2 babies per 1,000 live births are affected by this condition. Mild cases may improve with therapy, but severe nerve damage can result in permanent weakness or loss of function in the arm. When preventable delivery complications caused your child’s injury, our attorneys can help your family pursue compensation for ongoing medical costs and long-term care needs.
Facial Paralysis
Facial paralysis in newborns occurs when the facial nerve is damaged during delivery. This can result from improper use of forceps or vacuum extraction, or from the baby’s position against the mother’s pelvis during labor. Most cases resolve within a few weeks, but severe nerve damage may require physical therapy or surgical repair.
When forceps or vacuum extractors are used without proper indication or with incorrect technique, a provider can be held accountable for the resulting injury. Our team reviews delivery records, imaging, and expert medical opinions to determine whether malpractice occurred.
Fetal Distress
Fetal distress occurs when the baby’s oxygen supply is compromised during labor. Causes include umbilical cord complications, infections, meconium aspiration syndrome, restricted blood flow, and maternal conditions such as preeclampsia or gestational diabetes. Providers must monitor the baby’s heart rate throughout labor and act without delay when warning signs appear.
Negligence in fetal distress cases often involves a failure to recognize distress signals or an unreasonable delay in performing an emergency C-section. Texas law gives families two years from the date of injury or when symptoms first appear to file a claim. Our attorneys investigate the full circumstances of your delivery and pursue accountability from providers who failed to respond in time.
Forceps and Vacuum Extractor Injuries
Forceps and vacuum extractors are tools used to assist difficult deliveries, but they carry serious risks when used improperly. Common injuries caused by their misuse include facial nerve damage, skull fractures, brain hemorrhages, and cerebral palsy. Providers must be properly trained on these instruments and use them only when there is a clear medical need.
Parents whose children were harmed by the improper use of delivery tools have the right to pursue compensation. Our attorneys gather delivery records, expert testimony, and medical evidence to determine whether proper technique was followed and whether the use of these tools was medically appropriate.
Severe Jaundice (Kernicterus)
Jaundice is a common condition in newborns, but severe untreated jaundice can cause brain damage, hearing loss, or death. The condition results from a buildup of bilirubin that the baby’s liver cannot process quickly enough. Treatment options include phototherapy and, in more serious cases, exchange transfusion — but only when the condition is caught in time.
Healthcare providers are responsible for testing and monitoring bilirubin levels after birth and initiating treatment before levels become dangerous. Failure to diagnose and treat severe jaundice in a timely way is a preventable form of medical negligence. Our attorneys help families whose children suffered lasting harm because a provider did not respond to rising jaundice levels appropriately.
Bone Fractures at Birth
Studies show that approximately 2 percent of babies experience a bone fracture during delivery. Risk factors include large baby size, difficult or prolonged labor, and the use of forceps or vacuum extractors. While most fractures heal within a few weeks, some cases result in lasting deformities or nerve damage.
Not every birth fracture is the result of malpractice, but those caused by excessive or improper force during delivery may be. Our attorneys work with medical experts to review your delivery records and determine whether the provider failed to meet the standard of care. Compensation may include current and future medical expenses, rehabilitation costs, and pain and suffering for the child and family.
Should I Hire a Medical Malpractice Lawyer?
Texas law allows medical malpractice victims to pursue injury claims against both healthcare providers and healthcare institutions.
A hospital may be liable for your injuries for a variety of reasons, such as:
- Failing to properly train healthcare providers employed by the hospital
- Understaffing
- Discharging the patient prematurely
- Failing to prevent the patient from falling
- Failing to prevent pressure ulcers, also known as bed sores
- Failing to prevent the spread of hospital-acquired infections, such as “staph” infection
- Failing to ensure healthcare providers properly informed patients of all necessary information and risks of treatment and that the provider obtained the patient’s informed consent
- Failing to ensure the proper functioning of medical equipment in the hospital
While you may be able to pursue an injury claim against the hospital, these claims will be complicated and complex. It will be crucial for you to hire a skilled medical malpractice lawyer who can help level the playing field against the hospital and its team of expert lawyers.
How Are Medical Malpractice Claims Different From Other Personal Injury Cases?
Medical malpractice claims are often much more complicated than other personal injury cases, largely as a result of years of legal reforms designed to make it harder for injury victims to pursue compensation from healthcare providers who may hurt them. Texas, like many other states, imposes additional requirements on medical negligence victims, such as the requirement to notify any doctor or other health care provider of your intent to file a lawsuit at least 60 days before you actually file your lawsuit. The strict requirements imposed under Texas law make it essential that you hire an experienced Texas medical malpractice attorney as soon as possible so that your lawyer is able to help you meet each of these requirements and preserve your legal rights to seek compensation for any injuries or damages you may have suffered.
Possible Compensation for Medical Malpractice
Typically, damages for personal injury claims fall under two categories: economic or non-economic damages. There may also be damages available in special circumstances, such as wrongful death or birth injury.
Economic Damages
The two main types of economic damages are medical expenses and lost wages. Medical expenses may include:
- Ambulance transportation
- Hospital fees
- Costs of rehabilitation and physical therapy
- Costs for possible future medical treatment
Lost wages represent the time you are off from work due to your injuries from the accident. Lost wages may include:
- Bonuses
- Overtime
- Vacation time
- Loss of earning capacity
Non-economic Damages
Non-economic damages are losses or injuries that are suffered by an accident victim but are not defined in monetary terms. Non-economic damages may cover:
- Pain and suffering
- Emotional distress
- Physical impairment
- Physical disfigurement
- A lowered quality of life
- Mental anguish
Damages in a Wrongful Death Case
Damages in a wrongful death case are meant to compensate the family members of the victim for funeral expenses and future financial losses, based on the contributions of the victim to their family. Some states allow for families to receive damages based on loss of companionship or guidance. Only certain family members are entitled to receive damages in a wrongful death action, usually members within the decedent’s immediate family, but this varies state by state.
Damages Resulting from Birth Injury
Because every case is different, there is no set amount for how much compensation a family may receive for a child’s birth injury. Generally, you may be compensated for:
- Home accommodations
- Pain and suffering
- Medications and doctor and hospital visits
- Counseling and special education costs
Learn More: How to Calculate the Value of Your Case
Does Texas Place Any Limits on the Compensation You Can Seek in a Medical Malpractice Lawsuit?
Following changes in law in 2003, Texas law now caps potential damages that your may help you pursue in medical malpractice lawsuits. These caps limit economic, non-economic, and exemplary damages that can be awarded, with the following caps:
- $250,000 in non-economic damages from each hospital, clinic, or medical center
- $250,000 in non-economic damages from a single healthcare provider or from each individual healthcare provider involved in the lawsuit
- $500,000 in economic and non-economic damages combined in a wrongful death claim based on 1977 dollars, with this cap currently exceeding $1.5 million after being adjusted for inflation
- Exemplary damages of either (a) $200,000 or (b) twice the amount of economic damages, in addition to noneconomic damages up to $750,000, whichever is more
Contact a Medical Malpractice Lawyer Today
An experienced medical malpractice lawyer may be able to help you seek compensation for your injuries or damages. Even in cases where the healthcare provider’s negligence may seem readily obvious, such as when a surgeon accidentally amputates the wrong limb, operates on the wrong patient, or leaves an object inside the patient, pursuing the compensation you may be entitled to can still be complicated in a medical malpractice case in Texas. To maximize your ability to seek compensation, you should hire an experienced medical malpractice attorney as soon as possible.
If you have been hurt by a doctor in Texas, call Zinda Law Group today to schedule your free consultation with one of our personal injury lawyers. We have years of experience handling medical malpractice claims and would be honored to discuss your legal options with you, as well as how to pursue a medical malpractice claim in Texas. Your attorney from Zinda Law Group can handle your case for you while allowing you to focus on recovering from your injuries.
Call (866) 303-8859 today for a free consultation with a medical malpractice lawyer from Zinda Law Group. You will not pay anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.
