No one expects to be the victim of negligence or abuse at the hands of healthcare professionals, but 251,000 Americans die from medical negligence accidents each year, which makes medical errors the third leading cause of death in the United States. Unfortunately, these statistics may be even higher because many victims’ families forfeit their rights without knowing there is a path to justice available to them.
At Simmons and Fletcher, we believe that there is no reason why you or a family member should be suffering under the cost of medical bills for a mistake that could have been prevented. We also know that nothing can take away the health complications and/or the pain and suffering following an injury, or in catastrophic cases, the death of a loved one. When you suffer an injury due to medical error from a negligent medical care professional, managing your personal injury case can be one burden too many, but there are people who can help. Whether it be product liability or nursing home abuse, know that you can rely on an experienced team to guide you through the legal process.
Have you or your loved one experienced injury or harm due to medical malpractice? With the right accident attorney on your team, you and your dearest ones may be able to receive the compensation you deserve. Contact our team of medical malpractice lawyers from Simmons and Fletcher, P.C. for your free consultation. Through these stressful times, we are here to listen and to provide you with legal options: (713) 932-0777.
How do I know if I am a victim of medical malpractice under Texas law?
Despite the staggering number of medical errors each year (through medication error, misdiagnosis, surgical procedures, etc.), many people discover that they are victims of hospital malpractice without even knowing it until later.
In order to establish liability in the form of medical malpractice, the following facts must be proven:
- Your doctor or a health care provider violated their professional standard of care;
- And this “error” led to an injury or, in worst cases, the wrongful death of the patient.
Without legal knowledge, proving that a medical entity, practitioner, pharmacist, etc. was responsible for your resulting injury may be difficult to prove under law. That is why in situations like these, it is important to rely on an experienced medical malpractice lawyer in Texas.
If you have questions regarding your situation and would like to inquire about your eligibility, set up a free consultation with an experienced personal injury lawyer from the law firm of Simmons & Fletcher P.C. by calling (713) 932-0777.
What are common cases of medical malpractice?
The most common cases of medical malpractice in Texas include:
- Misdiagnosis
- Surgical errors
- Birth Injuries
If you are looking to know more about your rights following a medical malpractice injury, you should consult a trusted lawyer from Simmons & Fletcher. Call: (713) 932-0777 for a free case evaluation today.
Why should I file a medical malpractice action?
A mistake at the hands of a medical professional can mean exorbitant medical expenses, lost wages, serious travel and/or hospital expenses, and more, not to mention personal loss and physical injuries.
Unfortunately, some medical professionals and hospitals try to cover up their errors in order to discourage victims from filing a suit. Even more, insurance companies make it notoriously difficult to recover a just settlement for your damages. That is why it is important to know your rights and to be ready to take legal action. While nothing can truly make up for these mistakes, a successful medical malpractice action can provide the restitution to begin rebuilding.
What damages can I recover in a medical malpractice claim?
The damages that you can recover in a medical malpractice case include both economic and noneconomic damages. Economic damages include things like:
- past medical bills incurred,
- future medical expenses that are probable to occur,
- past lost wages,
- future lost wage earning capacity,
- other life care expenses if established by a lifecare planner.
Noneconomic damages that you may recover for include:
- past and future pain and suffering,
- past and future physical impairment,
- past and future scarring and disfigurement,
- past and future mental anguish.
However, unlike other injury claims, injuries due to medical malpractice in Texas are subject to a cap on noneconomic damages. The noneconomic damage cap is $250,000.00 per medical provider and $500,000.00 total when more than one medical provider is negligent.
What are the requirements for filing a medical malpractice action in Texas?
Depending on your state and your city of residence, the laws and regulations around medical malpractice can vary greatly. For example, in Texas:
- The statute of limitations on medical malpractice lawsuits requires you to file an action within two years of the occurrence or discovery of the injury;
- You are required to provide an expert report that establishes the violation of the standard of care;
- There are strict notice requirements that vary between city and county.
Though the statute of limitations is generally two years starting from the date of said injury, it is important to take note that this time period may vary depending on the circumstances of the case and the person (or person filing on behalf of the victim) who suffered the injury.
Without proper documentation or submission of all elements necessary to file your claim within the time frame may result in your case being dismissed. That is why it is important to hire a trusted Texas personal injury attorney who has demonstrated experience handling medical malpractice and knowledge of local laws to provide you with the best opportunity for a favorable outcome.
What does an expert witness do in a medical malpractice case?
In a medical malpractice case, an expert witness provides a report that establishes the standard of care, the liability, and the violation that took place. Usually, these experts are medical professionals with expertise pertaining to the case.
Under Texas law, an expert witness is required to provide a qualifying report that can either make or break a case. At Simmons and Fletcher, a dedicated medical malpractice lawyer will do everything to diligently advocate on behalf of their client to ensure that they have a strong case.
As we have many years of accompanying our clients with medical malpractice claims, we are prepared to call upon expert witnesses to strengthen your case. In the past, we have worked hand in hand with these common specialists:
- Infectious Disease Experts;
- Pediatricians;
- Surgeons;
- Pharmacologists;
- Psychiatry Experts;
- Lifecare Plan Experts;
- Toxicologists;
- Economic Damage Experts;
- Emergency Medicine Experts;
- Rehabilitation Specialists;
- And more.
Find a reliable Texas medical malpractice attorney by calling Simmons & Fletcher P.C.
It is very important to have a tried and true lawyer on your side to prosecute your medical malpractice claim in the best possible terms. Finding a medical malpractice attorney is not always easy. When looking for medical malpractice attorneys, make sure to look for:
- Experience in medical malpractice;
- A proven track record;
- An established practice, familiar with your local laws;
- Policies and standards that match your personal values.
Simmons and Fletcher, P.C. has been a trusted Houston personal law injury firm proudly serving in the name of the citizens of Texas since 1979. We care deeply for the rights of the injured and have reputable experience in the realm of medical malpractice. We work with experienced Texas medical malpractice law firms to ensure that you receive qualified representation. We combine our Christian values with legal resources to provide comfortable and compassionate customer service while getting proven results for our clients. You do not need to face the aftermath of your medical malpractice case alone. Learn more about our mission and contact us at (713) 932-0777 for your free legal consultation.
Seek legal representation from a medical malpractice lawyer
When you have suffered an injury as a result of medical malpractice, it is understandable to want to seek justice for those responsible for their negligence. From all of us at Simmons & Fletcher P.C., we want you to know that you should not continue to suffer silently.
We believe in the importance of standing up for your rights. Because insurance companies are not always acting in your best interests, you need to side with someone who does. And we are here to help. Contact us to connect with a Texas medical malpractice attorney for a free consultation and case review today. We are only one phone call away: (713) 932-0777.
Other Frequently Asked Questions
Do I need to hire a medical malpractice lawyer near me?
You should never chose the lawyer you will trust purely by proximity to you. Video technology such as google meet, zoom, and Webex allow video interviews and meetings with your attorney. Modern technology enables most documents that need to be signed to be completed electronically. Thus, your case can be effectively handled from anywhere in the United States. The real questions to ask is are they qualified to handle my case and are they someone you can trust?
What is the statute of limitations on medical malpractice in Texas?
Adults have two years to file a medical malpractice lawsuit or they forever lose the right to bring a claim. However, this may be extended by the discovery rule in cases where the negligent conduct could not be discovered immediately (such as a surgical tool is left in a patient or an internal injury does not manifest itself until later). Children have until their 20th birthday unless the discovery rule tolls the statute beyond that time.
What does medical “malpractice” really mean?
Malpractice is a deviation from the standard of care that is generally accepted by the medical community on the part of a medical profession resulting in an injury to a patient. Medical professionals have a duty to render professional services in accordance with the ordinary and accepted degree of professional training and skill.
What is the difference between malpractice and negligence?
Negligence is the failure to follow the ordinary accepted standard of care. Medical malpractice occurs when a medical provider commits negligence in the manner in which he treats a patient and the patient is harmed by it.
Who has the burden of proof in a medical malpractice trial?
The patient and his attorney carry the burden of proof in a medical malpractice trial. As the plaintiff, it is the patient’s obligation to prove to the jury that it was more likely than not that the defendant medical provider was negligent in the way he rendered services and that this negligence caused injury to the patient.
How much can I recover from a medical malpractice lawsuit in Houston?
In the early 2000s, special interests passed “healthcare liability laws” that placed substantial limitations upon who can bring a lawsuit against a medical provider and what sort of damages can be recovered. This had made it difficult and even impossible to find a medical malpractice lawyer in many cases in Texas. Due to these laws, you should discuss your case and options with a medical malpractice lawyer to determine whether you have a viable claim and what it is worth.