Whenever we get sick, whether it’s a common cold or a more serious issue, we always trust doctors and healthcare professionals to provide us with the proper medical care. This care should be appropriate, timely, and of high quality. While most of the time, high-quality care is provided, sometimes doctors or other healthcare professionals make mistakes. However, when it comes to health issues, a small mistake can mean the difference between life and death.
If this has happened to you, our medical malpractice lawyers in Houston are ready to help with your case. Call the Waldman Legal Group today for a free consultation at (713) 688-4878.
What is Medical Malpractice?
When someone is sick, their only thought is to get better and recover so they can continue with their life. We routinely seek help and medical attention, trusting our doctors or healthcare professionals to know what’s wrong and how to treat it. Unfortunately, there are cases where doctors make mistakes, and instead of fostering recovery, they cause harm to their patients’ health. This is known as medical malpractice.
The reasons for medical malpractice cases are varied. Some cases occur because a doctor performed diagnostic procedures superficially and incompletely or failed to conduct a detailed patient history or a thorough physical examination. Other causes attributed to doctors include a lack of knowledge, skills, or expertise due to shortcomings in their academic training. There are reports of cases where some doctors, without the necessary formal training, perform medical procedures they are not fully familiar with, thus putting the patient’s life at risk.
Another important cause is the relationship between the patient and the doctor. Here, communication is the most relevant factor: when a doctor does not create or foster a trusting environment with their patient, the patient may feel intimidated or embarrassed to ask questions, leading to a lack of information that can affect the patient’s condition, treatment, and prognosis.
Whether due to carelessness, recklessness, or lack of knowledge, medical malpractice can cause injuries or harm to patients’ health and even put their lives at risk. Some of the most common examples of medical malpractice include:
- Prescribing dangerous medications
- Prescribing an incorrect dosage
- Unnecessary surgeries
- Leaving surgical instruments inside the patient after surgery
- Misdiagnosing a condition that should have been easy to detect
- Failing to detect preventable birth defects in the baby or the mother
- Using defective medical devices.
If you have suffered any kind of medical malpractice that caused you injuries, you may be able to file a medical malpractice claim. We can help you with your case.
What Kind of Compensation Can You Get in a Medical Malpractice Claim?
The development of any profession involves possessing specific skills and abilities as part of specialized training and knowledge. As in many other professions, doctors and healthcare professionals have the responsibility to prepare, train, and stay updated on the topics involved in their profession. In malpractice cases, it is evident that they did not fulfill this responsibility and must therefore bear the consequences of their acts, omissions, and errors, whether voluntary or involuntary, committed in the exercise of their profession.
The injuries caused by medical malpractice can lead to pain, lifelong disabilities, or worse; they can put your life at risk. The healthcare professional who caused your injuries is responsible for repairing the damage caused by their wrongful acts. Therefore, depending on your case and the severity of your injuries, you may be entitled to financial compensation for the following:
- Current and future medical bills
- Current and future rehabilitation expenses
- Home care expenses
- Expenses for purchasing or using medical equipment
- Lost wages, current and future
- Compensation for pain and suffering
- Compensation for emotional trauma.
How Long Do I Have to File a Medical Malpractice Claim?
In Texas, victims of medical malpractice can file a claim for damages for all injuries that the malpractice has caused them. Although filing a claim may seem like a long, complicated, and intimidating process, you should not delay your decision to file it.
In Texas, victims of medical malpractice typically have up to two years from the date of the doctor’s error to begin the process. However, in Texas, as in other states, there are reforms that impose restrictions , including special deadlines, on medical malpractice claims (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.)
When unaware of these restrictions, victims of medical malpractice may fall into traps when attempting to file a claim against a negligent doctor or hospital without the help of a lawyer. For this reason, it is necessary to consider the following aspects:
- Expert Report: In Texas, a qualified expert must submit a report within 120 days of filing the medical malpractice claim. If not, your case will be dismissed, and your claim will no longer be valid.
- Notification Requirements: Certain notification requirements must be met in medical malpractice claims; otherwise, your claim could be delayed or invalidated. If the doctor or healthcare professional who caused your injuries works for the state, you must also meet the notification requirements of the state civil liability claims law that applies to your case.
- Damage Caps: Many states have passed laws limiting the compensable damages in medical malpractice claims. Texas does not limit economic damages; however, there is a cap on non-economic damages which your attorney can explain.
- Statute of Limitations: In Texas, claims must typically be filed within two years of the injury. However, things become complicated when the negligence was discovered years later, such as in cases where a medical instrument was left inside a patient after surgery or where the wrong medication had long-term effects (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
Failure to consider these restrictions could result in a medical malpractice claim being dismissed or invalid. Be sure to hire an experienced medical malpractice attorney who knows the laws and can use them to your advantage.
Count on our Houston medical malpractice lawyers at the Waldman Legal Group to ensure your case meets the required deadlines and takes into account the restrictions imposed by law.
Why Choose Our Medical Malpractice Lawyers?
Our medical malpractice lawyers are well-versed in handling these types of cases and work tirelessly to help our clients receive the professional representation they deserve. We know how stressful and painful it can be to go through a medical malpractice case, so our goal is to relieve the daily burden you must bear in dealing with the doctors’, hospital’s, or insurance company’s lawyers. We want you to focus solely on your family and recovering from the injuries you suffered because that is what truly matters in these moments.
We prepare tirelessly for every case we handle and offer services that are tailored to the victim’s situation and needs. For example, if the worst happens and your loved one suffered injuries that cost them their life due to the doctor’s error, our lawyers with experience in wrongful death matters can represent your interests and those of your family.
Another reason to trust our legal team is that most medical malpractice cases are complicated and complex. In addition to dealing with the responsible party’s lawyers, a medical malpractice claim can be complex due to the use of medical and legal terms during the process. Fortunately, for you, our team of lawyers has extensive knowledge of medical terminology. We can interview medical professionals and obtain the information we need to fully understand how and why the medical error in your case occurred.
How Can an Experienced Medical Malpractice Lawyer Help Me?
When you hire our lawyers, we will take care of the entire process and gather the necessary evidence to prove that you are a victim of medical malpractice. Here’s what we can do for you:
- Obtain a complete copy of your medical records from the negligent medical provider.
- Gather other strong evidence related to your case.
- Investigate other laws that may apply to your case and benefit you.
- Find an expert doctor who can review your medical history and identify the procedures that were performed incorrectly.
- Submit an expert report on time to prevent your case from being dismissed.
- Take depositions and prepare witnesses to testify if necessary.
- Take your case to court if there is no agreement with the doctors or health institutions or if they refuse to reach a fair settlement.
Why You Should NOT Trust Insurance Companies
After a medical malpractice event, you should know that the doctor, hospital, or insurance company they work with has lawyers who will try to convince you not to file a claim. If this doesn’t work, they will try to convince you to accept a lower amount than you deserve or attempt to delay and drag out the process, so you become impatient and decide not to proceed with your claim. You should know that the insurance company will have its own lawyer representing them during negotiations. Depending on the severity of your injuries, you could receive a significant financial compensation, so the insurance company will have several lawyers working on your case to pay you less than what you truly deserve. If you decide not to hire a lawyer, this can put you at a disadvantage during negotiations. With our help, you won’t have to deal with the lawyers or insurance companies — we will handle everything related to your medical malpractice claim.
What If the Insurer Says My New Injuries Are Minor?
Even if you suffer what the insurer calls “minor” injuries from the doctor’s error, you still can win a judgment. Our Houston medical malpractice attorney knows that even so-called minor injuries can result in significant pain and suffering. After the doctor’s mistake, you may be unable to enjoy the same activities you did with friends and family. You may miss quite a bit of time at work.
Keep in mind that the insurer’s job is to try to reduce your financial award. Insurance companies work hard to reduce the payouts they must make to victims. This technique allows the insurer to keep more money and to keep profit margins high. Ultimately, when an insurance company calls your injuries minor, this may not be truthful. The insurer wants to believe your injuries are minor. But you and your doctor know the extent of your injuries and any reduction in quality of life you may now have.
Frequently Asked Questions
We understand that you might be going through a time of uncertainty and have many questions about filing a medical malpractice claim. Here are some of the questions our clients frequently ask:
What Is Medical Malpractice?
It occurs when a doctor or healthcare professional causes harm to a person’s body or health due to a professional action carried out with negligence or carelessness.
How Long Do I Have to File a Medical Malpractice Claim In Texas?
According to Texas’s statute of limitations, you have two years from the date of the doctor’s error to file a medical malpractice claim to start the process (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
Why Do I Need to Hire a Lawyer?
By hiring a lawyer, you increase your chances of winning your case and obtaining the compensation you deserve. Medical malpractice cases can be complicated, but with an experienced lawyer like those at the Waldman Legal Group, everything will be easier for you.
What Are Contingency Fees?
Working on a contingency fee basis means that you will not pay anything if we do not win compensation for you.
How Do Our Houston Medical Malpractice Lawyers Protect Your Rights?
Filing a claim against a doctor can be an intimidating process. Healthcare professionals are held in high regard, and it’s understandable. For this reason, some medical malpractice lawyers avoid going to court at all costs. They seek any kind of settlement during negotiations to avoid the time and expense of a trial. At the Waldman Legal Group, that’s not the case. We always strive to get a great settlement for you through negotiations. But if we don’t reach a fair agreement, we’ll be ready to take your case to trial to defend your rights and the integrity of our legal services.
Our Houston medical malpractice lawyers have over 40 years of experience handling medical malpractice cases in Texas. We have represented victims of medical malpractice for a long time, and we are ready to take your case. We also work on a contingency basis, so you don’t have to worry about attorney fees. You only pay us if you win your case. Therefore, if you or a loved one has been a victim of medical malpractice, you have the right to fair and just compensation for your injuries.
Call Us Today for a Free Consultation
Call our Houston medical malpractice lawyer today at (713) 688-4878 for a free and confidential consultation about your situation.
