Medical Malpractice

We trust medical professionals with our health, but sometimes, they fail to provide proper care, leaving you in worse condition. Medical malpractice can include a broad range of issues such as failing to diagnose and prescription drug errors.

Medical malpractice can leave patients with costly medical bills, lost wages, physical and emotional pain. If you believe you have suffered because of a medical professional’s negligence, you should contact an attorney right away.

Attorney for Medical Malpractice in Montgomery County, TX

Complex laws regulate medical malpractice in Texas, so it’s essential for you to seek legal counsel if you have been a victim of a medical error. Evans & Powell, PLLC knows how devastating the results of medical negligence can be, and we are here to fight for you.

Call us today at (936) 622-2000 to schedule a case consultation and speak with an experienced attorney. We represent clients with medical malpractice claims in Conroe, Montgomery, Cut and Shoot, Pinehurst and other surrounding areas.


Overview of Medical Malpractice in Montgomery County, TX


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Texas Medical Malpractice Laws

A claim for medical malpractice can be filed against a medically negligent healthcare provider. These healthcare providers can include doctors, nurses, pharmacist, dentist, optometrist and healthcare institutions. 

Medical negligence occurs when a health care provider violates their standard of care. A patient is owed a duty of care, and it can vary based on the age and health conditions of the patient. Common medical negligence can range from providing the wrong treatment to misdiagnosis.

In Texas, medical malpractice laws are under chapter 74 of the state’s Civil Practice and Remedies Code. The most notable law in the chapter pertains to the amount of time a victim has to file a malpractice suit. Victims have two years from the day they suffered medical injuries to file a claim. This is known as the statute of limitations. If the injuries happened as part of ongoing health care treatment, the two-year period would not start counting down until after treatment has ended.

Texas law also says that if more than 10 years have passed since the victim sustained medical injuries, they will lose their right to file a medical malpractice claim. Also, if the victim involved in the claim is younger than 12 years old, the child has until the age of 14 to file a claim. 

The state has caps on the amount of damages a patient can receive if they win a medical malpractice case. The cap for the amount of compensation a victim can receive from a healthcare provider is $250,000 but can reach up to $500,000 in cases involving both a health care provider and a hospital.


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Types of Medical Malpractice Cases

According to a John Hopkins Study, there are roughly 250,000 deaths each year due to medical errors, making it the third leading cause of death in the United States. Not every medical error results in death, but many of them leave patients with life-altering injuries. Listed below are some common preventable medical malpractice claims:

  • Misdiagnosis: The conditions that are most commonly misdiagnosed are cancer and heart attacks. Failing to diagnose or misdiagnosing life-threatening conditions can delay lifesaving treatment and lead to death.
  • Prescription drug errors: This can include a doctor, nurse or pharmacist prescribing or administering the wrong dosage or type of medication. This is usually the result of poor communication and poor procedure.
  • Surgical errors: This is a common medical mistake that includes leaving medical instruments inside patients, operating on the wrong body part and operating on the wrong patient.
  • Anesthesia errors: This is a sometimes fatal surgical error that can include not receiving enough or too little anesthetic during an operation. Receiving too much anesthesia can result in a lack of oxygen to the brain and receiving too little can cause a patient to wake up during surgery. 

To have cause for a claim, a doctor or other medical professional must have acted or failed to act in a manner that is consistent with the standard of care in a way that resulted in injury to a patient. Also, the injury must have caused damages including emotional and financial loss to satisfy the elements of a medical malpractice claim.


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How to Prove Medical Malpractice

Just because a doctor made a mistake or a patient was not satisfied with the outcome of treatment, doesn’t necessarily mean malpractice occurred. To meet the legal definition of medical malpractice, a doctor or other medical provider must have been negligent to a patient, and that negligence resulted in injury.

In order to prove to the court that medical malpractice took place, you must be able to prove the following:

Doctor-patient relationship: You must prove to the court that a doctor-patient relationship existed with the physician or other medical professions you are suing. This means you hired the medical professional and they agreed to be hired by you. It’s easy to prove that a doctor saw and treated you.

The medical professional was negligent: The doctor or medical professional must have been negligent in connection with your diagnosis. In order to file a claim, you must prove the doctor caused harm that could have been prevented. The medical professional’s care is not required to be the best, but it must have been an appropriate medical standard of care. 

Whether a physician’s standard of care is appropriate can be thought of as a simple question, “Would a similarly skilled health care professional have provided the patient with the same treatment under the same or similar circumstance?” If the answer is no, and you sustained injuries as a result of negligence, you could have a medical malpractice case. 

The doctor’s negligence caused injury: Malpractice cases typically involve patients that were already sick or injured, so is it often questioned whether what the doctor did, negligent or not, caused the patient harm. It must be proven that more likely than not, the medical professional’s incompetence was the direct cause of injury.

The injury caused damages: A patient can’t sue for medical malpractice if they didn’t suffer any harm, even if it’s proven the medical professional performed below the standard of care. Damages that can be caused by medical malpractice include:

  • Additional medical bills
  • Physical pain
  • Lost earning and lost work.
  • Mental anguish

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Additional Recourses for Medical Malpractice in Montgomery County, TX

Chapter 74 Medical Liability- Follow the link to read through the chapter of the Texas Civil Practice and Remedies Code that governs medical malpractice in the state. The code lays the grounds for how long you have to file a claim and how much you can receive from a settlement.

Medical Errors Now Third Leading Cause of Death- Read what John Hopkins discovered about medical errors being one of the leading causes of death in the United States. The analysis compared data found by the CDC on medical death rated over an eight-year period. John Hopkins is one of the leading healthcare facilities in the country.


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Medical Malpractice Lawyer in Montgomery County, TX

If you believe you were a victim of medical malpractice, you should contact Evans & Powell, PLLC. Our attorneys have proven experience dealing with medical professionals in the courtroom, and they will do everything in their power to achieve the best possible outcome for your situation.

Call Evans & Powell, PLLC today at (936) 622-2000 to schedule a free case consultation or submit your information in the online contact form. We represent clients in communities across Montgomery County such as The Woodlands, Porter Heights, Magnolia and many others.

 


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