Houston Medical Malpractice Lawyer

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 by medical experts caring for you. 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, ensuring you fully understand your legal rights and feel 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 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?

In 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—whose service falls below the accepted minimum standard of care. 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:

• Wernicke-Korsakoff from failure to diagnose vitamin B1 deficiency is a catastrophic injury, easily prevented with a medical history check and simple lab workup.
• Appendix rupture from failure to diagnose appendicitis is a common malpractice case that occurs when a healthcare professional fails to recognize scan results, leading to untreated conditions.

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:

• Bile duct or bowel injury during gallbladder removal surgery;
• Negligently performed epidural steroid injections;
• Negligence in disk discectomy, often resulting in spinal cord injury.
• Unnecessary or wrong side surgery.

Prescription and Medication Errors

Sometimes, a doctor will erroneously prescribe a medication that interacts dangerously with other medications or causes an allergic reaction. If the doctor should have foreseen this harmful outcome, 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 if their care level fell below the appropriate standard of care. 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 since they permitted the negligence.

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 lawyer must prove that the defendant breached their duty. Breach of duty is more than just human error—a doctor or medical professional’s actions 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 medical malpractice law firm 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 compensation can improve this situation, filing a claim can help you and your family get back on your feet with the financial and emotional support 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 act 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.