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Why Choose Our Houston Medical Malpractice Lawyers?

When you walk into a hospital, operating room, or doctor’s office, you have a right to be (and feel) safe and protected. When that right is violated, it can leave you feeling scared, distrustful, and uncared for. At Simmons and Fletcher, P.C., we work tirelessly to advocate for your right to safety, health, and just compensation.

If we’re able to take on your case, our hardworking and experienced Houston medical malpractice lawyers will investigate your case, gather evidence, and handle all communication with negligent parties and their insurance companies on your behalf. We’ll take you through every step of this process, making sure you fully understand your legal rights and feel fully heard throughout your case. After all, we may offer top-rated legal representation, but we also provide personalized and client-focused care that we hope will get you the results you deserve.

Reach out to a Houston medical malpractice attorney at (713) 932-0777 to schedule your free initial consultation. There is no out-of-pocket charge to hire our lawyers—you won’t owe us a cent unless we win your case.

What Qualifies as Medical Malpractice in Texas?

negligent doctorIn Texas, medical malpractice is defined as professional negligence on the part of healthcare providers and entities. Medical malpractice claims can be filed against any healthcare professional—including doctors, nurses, dentists, technicians, and therapists. Hospitals and other healthcare entities can also be sued for medical negligence.

For your injury to be legally considered medical malpractice, you and your skilled Houston medical malpractice attorney must prove that the healthcare provider was negligent or reckless in their care. In most cases, this negligence involves a failure to provide adequate treatment, follow medical protocols, or reasonably diagnose an illness or injury. Then, you must show that this negligence directly caused your injury.

For example, perhaps a labor nurse failed to notice that an infant was in fetal distress. If that fetal distress led to a birth injury, the parents may file a medical malpractice lawsuit.

Common Causes of Medical Malpractice

The most common causes of medical malpractice are

  • Misdiagnosis cases.
  • Surgical errors.
  • Filling the wrong prescription medication,
  • Failure to monitor.

Misdiagnosis or Failure to Diagnose

In these cases, a medical professional incorrectly diagnoses a patient or fails to diagnose them when they reasonably should have. In similar scenarios, a doctor may recommend the wrong treatment or fail to administer preventative or diagnostic tests. Some examples of these include:

Surgical Errors

Surgical errors, another leading cause of medical malpractice, occur when a doctor leaves a medical tool inside of a patient, operates on the wrong body part, cuts a nerve or organ by mistake, or conducts an operation on the wrong person. Other examples of these include:

Prescription and Medication Errors

Sometimes, a doctor will erroneously prescribe a medication that interacts dangerously with other medications or causes an allergic reaction. If this harmful outcome should have been foreseen by the doctor, then the victim may have a case for medical malpractice.

Failure to Monitor

Brain injury or death from failure to monitor in the post-anesthesia care unit is a serious sign of medical negligence. Post-op, healthcare providers must monitor/prevent anesthetic errors.

Who Can Be Held Liable for Medical Malpractice in Houston?

Any healthcare provider involved in the medical treatment that resulted in injury may be held liable. The parties that a plaintiff may sue for medical malpractice in Houston include:

  • Doctors;
  • Nurses;
  • Hospitals;
  • Outpatient clinics;
  • Rehab facilities;
  • Medical testing labs;
  • Pharmacies;
  • Pharmaceutical companies.

While the responsible party is sometimes obvious, other situations can be more muddled. Sometimes, multiple parties may be sued and held responsible for a medical malpractice injury. For instance, if a doctor injured you during a surgical operation, it may be apparent that that individual is responsible for your injury. If you were misdiagnosed at an outpatient center, however, the healthcare professionals involved may be sued alongside the facility itself since they permitted the negligence to happen.

What Do I Need to Prove in a Medical Malpractice Lawsuit?

Duty of Care

Firstly, a medical malpractice claim must prove that the defendant had a duty of care to the injured party. In other words, the liable party had an obligation to protect and care for the plaintiff.

Breach of Duty

Secondly, a Houston medical malpractice lawyer must prove that the defendant breached their duty. Breach of duty is more than just human error—it’s a doctor or medical professional’s actions that completely go against or ignore standard protocol or treatment procedure.

Causation

Next, you and your legal team must prove that this breach of duty directly led to your injuries—both physical and emotional.

Damages

Lastly, an attorney must prove that the injured party has suffered quantifiable damages as a result of their injuries and should be justly compensated by the liable parties.

Types of Compensation Available in a Medical Malpractice Claim

Economic Damages

Economic damages are intended to reimburse injury victims for any financial costs they may have incurred as a result of their medical malpractice injuries. These damages have a dollar value and typically include lost income, medical bills, and expenses for ongoing medical care.

Non-Economic Damages

Non-economic damages are equally important but more difficult to quantify and prove since they don’t have a precise dollar amount. These damages seek to restore justice for emotional and mental damages, including pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium, and disfigurement.

How Long Do I Have to File a Medical Malpractice Claim in Houston?

The statute of limitations for filing a medical malpractice claim in Houston is typically two years. This Texas statute means that, in general, you have two years from the date of injury to file a claim. If you neglect to file a suit by this deadline, you may lose your right to pursue compensation and justice in your case. To avoid this outcome, we highly recommend that you seek the support of a qualified Houston medical malpractice attorney who can help you file your case on time.

What to Do if a Family Member Dies Due to Medical Malpractice

If you’ve lost a family member or other loved one due to medical malpractice, we are profoundly sorry for your loss. While no amount of compensation can make this situation better, filing a claim can help you and your family get back on your feet with the financial and emotional support that you need. In this case, you can file a wrongful death claim if the medical malpractice resulted in the death of your dearest one.

A wrongful death claim must be filed within two years of the decedent’s passing, and it must be brought by the legal administrator or representative of the deceased person’s estate. This individual must be acting on behalf of the surviving family members, specifically the parents, children, and spouse since these are the people qualified to recover damages in a Texas wrongful death lawsuit.

To file a wrongful death claim, start by collecting as much evidence as possible surrounding your loved one’s accident. Gather medical records, email correspondence, media sources, and any other pieces of evidence you can obtain. Speak with any witness to the incident and ask to record the conversation. Finally, consult with a resourceful and knowledgeable personal injury lawyer who will fight for your right to seek justice and compensation for your loss.

Should I Hire a Houston Medical Malpractice Lawyer from Our Firm?

If you or a loved one has been injured in a medical malpractice accident, you may be looking for a knowledgeable and empathetic attorney to represent you. Our esteemed lawyers have the skill, resources, and compassion to guide you through your case—allowing you to heal while we work diligently to protect your legal rights.

Contact Simmons & Fletcher today to be put in touch with a qualified Houston medical malpractice attorney. After your free initial consultation, we’ll fight hard to earn you maximum compensation and provide personalized legal support through every step of the process.

FAQ's

How Much Does It Cost to Hire Your Law Firm?

Because of the complexity and higher costs of filing a medical malpractice lawsuit in Texas, we work on a contingency fee basis when we take any type of personal injury case. We also work with firms that exclusively handle medical malpractice cases when the case warrants it. The fees are typically 33.33%-45% depending upon the complexity and expected expense of the case.

 

How Much Can I Win in a Medical Malpractice Case?

The potential compensation in a medical malpractice case in Texas can vary significantly based on the specifics of the case, including the severity of the injury and the impact on the victim’s life. Texas has implemented caps on non-economic damages in medical malpractice cases ($250,000 against a single healthcare institution and $500,000 overall if multiple institutions are involved). Economic damages, such as medical expenses and lost wages, are not capped.

How Can a Medical Malpractice Lawyer in Houston, TX Help Me?

An experienced medical malpractice attorney in Houston, TX may be able to:

  • Obtain a complete copy of the medical records from the negligent medical facility.
  • Gathering other hard evidence related to your case.
  • Research the laws that apply to your case.
  • Find the right expert to review your medical records and identify incorrect procedures.
  • Obtain and file an expert report on time to avoid dismissal.
  • Take depositions and prepare expert witnesses to testify.
  • Take your case to court against doctors and healthcare institutions refusing fair settlements.

How Do I Report a Doctor for Unprofessional Conduct?

When a doctor is unprofessional but the conduct does not arise to the level necessary to bring a medical malpractice claim, you can file a complaint online against a doctor with the Health Facility Compliance Group or the Texas Medical Board.

SCHEDULE A FREE CASE CONSULTATION

FREE CONSULTATIONS

If you have a personal injury case and would like to know whether it is something that our law firm can help you with, please fill out the form to the right and submit your information or pick up the phone and call us between 8:30 AM and 5:00 PM on Monday through Thursday and 8:30 AM  and 4:00 PM on Friday and out intake team can go help evaluate your case and determine who the best person is for you to talk to about your case. Consultations are 100% free and you have no obligation to hire us.

ABOUT OUR FIRM

Simmons and Fletcher, P.C., rooted in Christian values, exclusively handles personal injury cases, advocating for the rights of accident and negligence victims. Our Houston-based team, dedicated to compassion and excellence, handles cases across car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, and other types of cases with a commitment to personalized care. Upholding integrity and client-focused service, we strive for impactful legal outcomes. For a detailed understanding of our approach and team, visit our attorneys page.

Contact us for a free case assessment.

CONTACT OUR LAW OFFICE

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+1(713)257-9912
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