Austin Medical Malpractice Lawyers
When seeking medical attention, we typically trust that we are getting the care we need and are safe being harmed by our healthcare providers. However, medical malpractice can occur. When healthcare workers breach their patients’ trust and cause them injury, victims and their families need to know their legal options. Victims of medical malpractice in Texas have the right to hold negligent healthcare providers accountable and pursue compensation through a medical malpractice lawsuit.
At Loewy Law Firm, our Austin medical malpractice lawyers are committed to holding negligent medical providers responsible for the harm done to patients. If you or a loved one have suffered injuries due to medical malpractice, contact us today for a free legal case review.
What Is Medical Malpractice?
Medical malpractice is a type of professional negligence that occurs when a medical professional fails to provide a patient with the standard of care that a similarly trained and experienced professional would provide. The healthcare provider may be liable when they negligently cause injury or death to a patient. The victim can seek compensation from the responsible provider in a medical malpractice lawsuit.
Common Types of Medical Malpractice Cases
Medical malpractice can take many different forms. Some common types of medical malpractice include:
- Misdiagnosis: A doctor may diagnose their patient with the wrong condition, leading to unnecessary treatment for the wrong condition. Meanwhile, the actual condition may go untreated.
- Delayed diagnosis: When a doctor takes too long to diagnose a patient’s condition, the condition can significantly worsen.
- Failure to treat: A doctor might fail to follow up with patients. Or, they might have too many patients and have difficulty providing proper care to each patient.
- Prescription errors: Prescription errors include giving a patient the wrong medication, the incorrect dosage, or failing to recognize potential drug interactions.
- Surgical errors: Surgical errors may involve
- Performing the wrong procedure
- Performing a procedure on the wrong body part
- Performing surgery on the wrong patient
- Damaging the body while performing the surgery
- Performing unnecessary surgery
- Leaving instruments in a patient’s body after surgery
- Using unsterilized surgical instruments
- Using the incorrect amount of anesthesia
- Using defective equipment during the procedure
- Birth injuries: Birth injuries can occur due to various factors, such as a doctor failing to perform a cesarean section in a timely manner, performing an unnecessary cesarean section, improper use of forceps or vacuum extractors during delivery, incorrect anesthesia, or failing to recognize fetal distress.
- Wrongful death: In cases where a medical error results in a patient’s death, the deceased’s family members may be able to file a wrongful death lawsuit against the responsible party.
- Emergency room errors: Emergency room errors may involve misdiagnosis of an illness or injury, failure to provide proper treatment for a condition, delay in diagnosis, or providing inappropriate treatment. The hectic nature of an ER may lead to increased error.
What Types of Compensation Can I Recover in a Texas Medical Malpractice Claim?
If you are a victim of medical malpractice in Austin, Texas, you may be entitled to seek financial compensation through a medical malpractice lawsuit. Depending on the circumstances of your case, you may be able to recover compensation for:
- Medical bills: Victims of medical malpractice can seek recovery for any medical costs due to the malpractice, including doctor bills, hospital bills, ambulance bills, and prescription medications.
- Lost wages: If you miss work and lose income due to your injuries, you may be able to seek compensation.
- Loss of earning capacity: If your injuries affect your ability to work or earn income in the future, you can seek compensation for loss of earning ability.
- Pain and suffering: Medical negligence victims can also seek compensation for the pain and suffering caused by the malpractice, including physical pain, mental anguish, depression, anxiety, and emotional distress.
- Loss of enjoyment: You may be able to recover damages for any loss of enjoyment of life caused by the malpractice. This includes hobbies, socializing with friends, or engaging in sports or other recreational activities.
- Punitive damages: In some cases, a judge or jury may award punitive damages as a form of punishment for especially egregious behavior. This compensation punishes the doctor or hospital for their actions and deters other healthcare workers from similar conduct.
Who Can I Sue for Medical Malpractice in Texas?
When a patient suffers an injury due to medical negligence, they may be able to file a medical malpractice lawsuit. Various parties can be held responsible for a patient’s injury in Texas, including doctors, nurses, hospitals, outpatient clinics, rehab facilities, medical testing labs, and pharmacies.
The party responsible for a patient’s injury will depend on the facts of the case. For example, if the patient was injured due to a doctor’s error, the doctor would likely be held responsible. If the patient suffered an injury due to a medication that a pharmacy wrongfully dispensed, the pharmacy might be liable.
How Do You Prove Medical Malpractice?
Medical malpractice cases are complicated and require time, effort, and resources to win. The most important factor in winning these cases is the evidence of negligence. In Texas, the law imposes strict requirements for filing a medical malpractice lawsuit. The plaintiff must prove four elements to have a successful case:
- Duty of care: A doctor or other healthcare provider has a legal responsibility to provide care that meets accepted standards of practice.
- Breach of duty: You must show that the doctor failed to provide adequate care or treatment, violating the standard of care.
- Causation: You must prove that the doctor’s negligence was the direct cause of your injury.
- Damages: You must demonstrate that you suffered actual injuries due to medical malpractice. This includes physical pain and suffering, mental anguish, lost wages, medical bills, and any other economic or non-economic losses caused by medical malpractice.
What if a Family Member Died Due to Medical Malpractice?
Losing a family member due to medical malpractice is a devastating experience. The personal representative of the deceased’s estate can bring a medical malpractice lawsuit on behalf of family members and other beneficiaries. In Texas, the deceased person’s parents, spouse, or children are entitled to seek damages through a wrongful death lawsuit.
If your loved one has died due to medical negligence, you should begin working with an attorney right away. Texas law requires a wrongful death lawsuit to be filed within two years of the person’s death.
Does Texas Cap Damages for Medical Malpractice Claims?
In some states, there are legal limits to the amount of compensation recoverable from a medical malpractice claim. These limits, called damage caps, are in place to protect doctors and hospitals from being subjected to excessive damages awards.
In Texas, malpractice awards are capped at $250,000 in cases against a single hospital or doctor and $500,000 in cases involving multiple defendants. These limits only apply to non-economic damages such as emotional distress, pain and suffering. Any economic damages (lost wages, medical expenses) are not subject to a cap and can be recovered in full.
What Is the Time Limit for Texas Medical Malpractice Claims?
There is a two-year statute of limitations when filing a medical malpractice claim in Texas, meaning you have two years from the date of the injury to file your claim. The timeline for filing your claim starts on the date of injury or breach.
Some exceptions to the statute of limitations do exist. For example, if you give notice of intent to assert a claim, you have an additional 75 days to file your claim. In addition, when the plaintiff in a medical malpractice case is a minor, the two-year statute of limitations begins to run when the minor turns 18.
How Can a Medical Malpractice Lawyer Help Me?
When pursuing a medical malpractice claim, it is crucial to have an experienced and knowledgeable lawyer who can help you pursue the compensation you deserve. A medical malpractice lawyer can help you in many ways, including:
- Investigating your case to determine whether medical negligence or malpractice occurred and who was at fault
- Collecting evidence and building a strong case that backs up your claim
- Identifying and bringing forth any experts who may be necessary to establish a case for negligence
- Working with insurance companies to negotiate a fair settlement for your claim
- Representing you in court if necessary
- Zealously advocating for you every step of the way
An experienced medical malpractice lawyer can make all the difference in recovering compensation for your losses and getting the justice you deserve.
Speak With an Austin Medical Malpractice Lawyer
If you suffered an injury due to medical negligence, speak with an experienced Austin medical malpractice lawyer as soon as possible. The personal injury attorneys of the Loewy Law Firm are dedicated to helping individuals who have been wronged by medical negligence. Our team can help you seek justice and compensation for your losses. Contact us today by calling (512) 957-9858 to set up a free legal consultation with a medical malpractice attorney in Austin.