Your doctor has a responsibility to provide you with reasonable, competent medical care. If they failed to do so, hire a Melissa medical malpractice lawyer from Underwood Law Office.
We can help you hold the responsible party accountable for their negligence and fight for fair compensation on your behalf. You only must pay us if we recover compensation for you.
You already know that medical malpractice can devastate your health, your finances, and your future. All too often, it is also deadly: per Johns Hopkins Medicine, malpractice is the third leading cause of death in the United States.
If the malpractice affected your ability to work and/or forced you to incur a lot of expenses or debt, you might qualify for what is called “economic damages.” Common examples include:
- Loss of wages: If your injuries were so bad that you could not go to work for days, weeks, or longer
- Loss of earning capacity: If your injuries will prevent you from earning as much as you expected to earn pre-injury
- Loss of financial support: If your loved one was the victim of malpractice and can no longer contribute income to your household
- Medical expenses: If you (or your loved one prior to their passing) sought any type of treatment to undo or mitigate the malpractice injury
What can be worse than financial stress is the injuries themselves: the physical and mental distress brought about by the malpractice. These losses may qualify you for “non-economic damages,” which include:
- Pain and suffering: If you experienced any negative physical and emotional effects from the malpractice
- Disability: If your injury cost you the use of any body part (e.g., a limb or an organ)
- Disfigurement: If your injury left painful or obvious marks that will never fully heal
- Loss of companionship: If your loved one’s passing has deprived you of an irreplaceable source of affection and emotional support
In medical malpractice cases in Texas, plaintiffs may sue for a maximum of $250,000 in non-economic damages, according to Texas Civil Practice and Remedies Code §74.301. There are no such limits on economic damages, so you can sue for as much as you think your case merits.
It may be painful to revisit the malpractice injuries in such detail. Unfortunately, this is a necessary part of filing a lawsuit. Our lawyer’s advice and impartial view of the case can be a big help when you are putting together your list of damages.
Many medical providers must undergo rigorous education and training that prepares them to care for patients like you. Sometimes, medical staff are ill-equipped, inexperienced, impaired, or untrained, which can lead to medical malpractice incidents like the following:
A doctor may diagnose you with the wrong condition, which is known as misdiagnosis, based on false tests or failure to correctly identify symptoms. You may have a different medical condition, or you may not have any condition that needs treatment.
Another type of diagnosis error is when a provider doesn’t diagnose you at all and gives you a clean bill of health when something is wrong. This could be due to missing symptoms or misreading medical tests.
Patient Record Issues
Your patient records tell doctors, nurses, and other medical staff about your previous conditions, current conditions and symptoms, past and current medications, treatments you’ve undergone, your allergies, and much more. A medical provider may make any of the following patient record errors:
- Failing to review patient records when prescribing medication
- Failing to update patient records
- Putting incorrect information on patient records
- Reading patient information incorrectly
- Disregarding patient medical history and pursuing treatment that could endanger them
Testing errors can occur in many ways, including:
- A technician failing to conduct a test correctly
- Equipment malfunctions or lack of equipment maintenance
- A provider misinterpreting test results
- Failure to provide test results
Issues with testing can lead to misdiagnoses, missed diagnoses, or unnecessary/incorrect treatment being administered.
Treatment issues can happen at any stage of your relationship with a provider:
- A provider may prescribe the wrong medication.
- A nurse may administer the wrong dosage.
- A pharmacist may fill your prescription incorrectly, providing you too much or too little of the medicine you need or providing you with the wrong medication.
- A provider may pursue unnecessary treatments, fail to order life-saving tests or treatments, or neglect follow-up protocols.
Surgical errors are some of the worst types of medical malpractice, and these include:
- Operating on the wrong part of the body
- Leaving medical instruments or other foreign objects in the surgical site
- Performing the wrong procedure
- Making an error during the procedure that causes damage
- Not administering the appropriate amount of anesthesia
Your medical malpractice lawyer can review the facts of your case to determine who is responsible and how the incident occurred. For example, a provider may have been intoxicated or fatigued when they treated you, leading to an accident or mistake. We can hold these providers responsible for their negligence and the damages they caused to you and your family.
At Underwood Law Office, we are proud to help malpractice victims hold incompetent doctors and negligent healthcare facilities responsible for their actions. To make it easier for you to afford legal representation, we work on a contingency-fee-basis; you do not pay us anything unless and until we get you money.
A lawyer from our firm can handle every aspect of your case, big and small, from beginning to end. While every case involves a different approach, the steps we will take on your behalf may include the following.
- Launching an investigation: We will collect evidence to prove that the liable party is guilty of causing the injuries you are suing over.
- Managing all paperwork: We can handle all the paperwork for you, or we will review the paperwork you fill out before you submit it.
- Quantifying your case’s value: We will help you figure out which damages you qualify for and the maximum amounts you can ask for.
- Delivering messages: If you want to say something to the liable party, or vice versa, let a lawyer from our team deliver the messages for you.
- Pursuing your money: Whether at the negotiating table or at trial, we will fight vigorously to get you what you need and deserve.
- Helping you make decisions: If in doubt, call us. We are more than happy to explain the legal process and advise you about your options.
There are many factors you must consider before you file a lawsuit. A couple of the most important ones are listed below.
The Statute of Limitations
The statute of limitations is any law that gives people a specific amount of time to take legal action after suffering from another party’s negligent or reckless behavior. Texas Civil Practice and Remedies Code § 74.251 gives you two years from the date the malpractice occurred to start your suit. Any lawsuits filed after that date may not be valid.
The Burden of Proof
Just because you had a negative medical outcome does not mean malpractice occurred. It is your responsibility to prove that your doctor or healthcare facility’s behavior was unacceptable and that their behavior directly caused your injury.
A lawyer at our firm can help you collect all the necessary proof from sources like:
- Eyewitness testimony: Statements from witnesses can verify the negligent provider’s bad behavior and/or the negative effects the injury had on you. Some eyewitnesses may include family members and friends who can vouch for your suffering and other medical professionals who treated you.
- Expert testimony: A doctor can review your case and confirm that your provider did not behave in a reasonable, professional way. In fact, the state of Texas requires that plaintiffs provide an expert report for each medical professional named in their lawsuit. This expert must detail what the standard of care for your condition is, how the medical professional failed to meet that standard, and how their actions caused your injuries and subsequent damages.
- Your medical records: These documents detail every procedure you have had and each medication you were prescribed. It can therefore show if your provider gave you unnecessary treatment, delayed treatment, or did not treat you at all.
To hire a malpractice lawyer who serves Melissa, Texas, contact Underwood Law Office today. A member of our team is standing by to take your call, provide you with a free case review, and explain more about how a Melissa medical malpractice lawyer from Underwood Law Office can help. We charge no fees unless and until we win.