Houston Medical Malpractice Lawyer

April 22, 2022 | Attorney, Matthew Dolman
Doctors and other healthcare providers are responsible for their patient's well-being. Hence, if they fail to provide the needed care leading to adverse effects, you may claim reimbursement for injuries. If negligence leads to additional suffering or death, it is also possible to pursue compensation. A Houston medical malpractice lawyer can help you prove all elements of a claim. They can also quantify the damages you sustained and file the case against the liable party. Read on for more information about medical malpractice and the different ways an attorney may assist.

Which Aspects Can Constitute Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to exercise their duty of care. It may also happen when professionals fail to provide services within the required standard. One issue that may count as medical malpractice is a misdiagnosis. This problem occurs when a physician fails to conduct enough tests. Besides, it may result from paperwork mix-ups or using the wrong sample during analysis. Another issue that may count as medical malpractice is failure to diagnose. This refers to when a medical professional does not recognize severe health issue symptoms. It may also happen when they ignore severe signs and fail to refer you to a specialist.  Other aspects that constitute medical malpractice are:
  • Failure to follow up
  • Providing an incorrect prescription
  • Failing to take a patient's medical history
  • Unnecessary surgery
  • Failing to recognize symptoms
Health care providers must observe a patient's health before discharging them. If a doctor releases you too soon, leading to rapid health decline, their actions could be considered medical malpractice.

Elements of a Medical Negligence Case

You must prove various elements when you file a Houston medical malpractice case. First, establish that the party you claim damages from has a standard of care. For example, if they are a nurse, provide documents indicating they were in charge of your health during an emergency visit. The next element you must prove is a breach of duty. This process involves indicating the other party neglected their responsibility. After that, provide evidence indicating that the negligence led to injuries. You may establish the last aspect, cause, by connecting the sustained damages to the malpractice.

How a Houston Medical Malpractice Lawyer Can Help

A Houston medical malpractice lawyer can help you in different ways as you seek justice. First, they can collect the evidence needed to prove all claim elements. For example, they may obtain hospital records indicating a specific party oversaw your health. After that, they can get medical records showing you underwent various procedures or received treatment. Another way a Houston malpractice lawyer can help is by building your case. The attorney can work with a different healthcare provider to prove the damages you claim for medical negligence. They can also interview witnesses and get the relevant video surveillance footage from the facility. More ways a Houston personal injury lawyer can help are:
  • Identifying the damages you suffered
  • Identifying all parties liable for damages
  • Filing a medical malpractice claim within the statutes of limitations in Texas
  • Negotiating with insurers for fair compensation
  • Following up on your case
A Houston medical malpractice lawyer can provide legal guidance on various matters. For example, they may advise which practices to avoid during the claim process. The attorney can also explain how Texas laws and medical guidelines affect your case. If you have inquiries during the claims process, your Houston medical malpractice lawyer can answer them. They can also ensure you understand each step in the claim process and update you regularly.

The Damages You Can Recover After Filing a Houston Medical Malpractice Claim

When you file a medical malpractice claim, you may pursue various damages based on how the issues affect you. One recoverable item in such a case is lost income. A Houston lawyer can determine the earnings you lost due to medical malpractice. For example, if you suffered an infection after surgery and missed work, they can calculate the expected income for those days. The attorney can then provide evidence of this damage alongside your claim file. Issues resulting from medical malpractice may cause significant medical expenses. A Houston personal injury lawyer can help you pursue this damage from the liable party. Further, they can work with a physician to identify the long-term effects of your injuries and then add their value to the claim.  Other damages recoverable after medical malpractice are:
  • Mental health injuries
  • Reduced quality of life
  • Cost of buying assistive medical devices
  • Inability to work
  • Pain and suffering
Unnecessary medical procedures such as amputation can lead to disability. As a result, you may need to change some spaces in your home for better accessibility. Filing a medical malpractice claim may help you recover renovation costs.

Damages Recoverable When Medical Malpractice Leads to Wrongful Death

Medical malpractice can lead to fatalities in various ways. For example, a surgical error may cause the victim to succumb during the procedure. Besides, they may develop complications during recovery and die. If medical malpractice leads to a loved one's wrongful death, you can pursue various damages. A Houston lawyer can assess the impact of the issue in your life. They can also evaluate the damage the demise caused. Some injuries the attorney can claim are:
  • Grief
  • Burial and funeral costs
  • Medical costs the deceased incurred before passing
  • Post-mortem costs
  • Loss of consortium
A loved one's wrongful death can lead to distress, disturbing flashbacks, and anguish. A Houston medical malpractice lawyer can assign such damages an economic value. They can then pursue compensation for pain and suffering from the liable party.

Consult a Houston Medical Malpractice Attorney

A Houston medical malpractice lawyer can help you seek justice for various damages. They can also identify the evidence needed for your claim and present it to insurers. At Dolman Law Group, we can study each aspect of your case to determine the proper course of action. We can handle all the legal work and update you on each step. Call Dolman Law Group to book a free consultation with a Houston medical malpractice lawyer. Houston Office  6330 Gulf Fwy Suite 110 Houston, TX 77023 Phone: (281) 524-4370


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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