Medical malpractice can have a massive emotional and psychological impact along with the personal bodily harm endured. The added challenge of finding the right Houston medical malpractice lawyer can make it all feel overwhelming. At Daly & Black, P.C., we understand the pain and stress you are going through, and are here to support you every step of the way.
Our experienced Houston medical malpractice lawyers are here to help you seek the justice and compensation you need to move forward with your life. We are ready to review your medical malpractice case, at no cost to you, to determine its strength and validity under the applicable laws.
What Places Our Medical Malpractice Lawyers a Cut Above the Rest
At Daly & Black, P.C., we believe in going all in for our clients and it’s that spirit of tenacity coupled with our experience in the field that sets us up as the best medical malpractice lawyers to champion your case.
Expertise: Every medical malpractice case is unique, and we treat each with the individualized attention it demands. You might be asking “what does a medical malpractice lawyer do exactly?” Our lawyers answer that question by creating tailored legal strategies that address your specific circumstances, fighting tirelessly to protect your rights and pursue the compensation you deserve.
Results-Driven: We believe that experience is the defining factor in what makes a good medical malpractice lawyer and we have that in spades. Experience aside, our attorneys are highly versed in the nuances of medical malpractice law. We are your staunch advocates, committed to holding negligent medical providers accountable for their actions.
No Upfront Fees: At Daly & Black, P.C., we operate on a contingency fee basis, meaning you won’t pay anything unless we successfully recover compensation on your behalf.
What Types of Medical Malpractice Cases We Handle
The field of medical malpractice is almost as broad as the field of medicine itself. Wherever there is the potential for human negligence to lead to the injury of a patient, there is the possibility for a medical malpractice case to be made.
Below, we’ve outlined some of the most common types of medical malpractice cases we handle:
- Misdiagnosis or delayed diagnosis
- Medication errors
- Failure to provide adequate treatment
- Anesthesia errors
- Surgical errors
- Birth injuries
- Hospital negligence
- Necrotizing Enterocolitis
Were You or a Loved One Injured by a Negligent Medical Mistake?
The Texas Medical Board (TMB) asserts in a comprehensive report that it received an average of approximately 8,000 complaints annually over the past decade. Of which 25% resulted in investigations and a following 10% resulted in disciplinary actions.
Should you or a family member find yourself to be a party to one of these statistics, consult with an experienced medical malpractice lawyer today to ensure your rights are upheld.
It’s important to understand that not every negative medical outcome automatically qualifies as malpractice. To pursue a medical malpractice claim, evidence of negligence or substandard care must be present.
Our experienced lawyers will carefully evaluate your case to determine whether a legitimate claim exists and guide you through the legal process with the attention and expertise your case requires.
Filing a Medical Malpractice Lawsuit and What You Need to Know
The process of filing a medical malpractice lawsuit is complex and time-sensitive, and taking immediate action can significantly improve your chances of success. Here’s why urgency is key and how you can prepare for your first meeting with a legal representative:
Why Urgency is Important
The statute of limitations, which is the time limit within which you can file a claim, is generally two years for medical malpractice claims in the state of Texas. Missing this deadline can result in your case being dismissed, no matter how strong your evidence may be.
There are some exceptions, such as:
- A minor under 12 years of age has until they are 14 years of age.
- If harm is not immediately evident, a person could have up to 10 years to file a claim.
In addition to time constraints, evidence in medical malpractice cases can be time-sensitive as well. Medical records may be altered or lost, and key witnesses may become unavailable or forget important details over time. The sooner you consult with a lawyer, the more likely it is that valuable evidence will be preserved, and crucial witnesses can be interviewed before their memories fade.
Experienced malpractice attorneys have access to medical experts who can assess the validity of your claim and strengthen your case by providing specialized testimony.
What is the standard of proof required in a medical malpractice lawsuit
In a medical malpractice lawsuit, you need to prove four key elements as outlined in Chapter 74 of the Texas Civil Practice and Remedies Code.:
- Duty of Care: The healthcare provider owed you a duty of care, meaning they were responsible for providing you with medical treatment.
- Breach of Duty: The provider failed to meet the standard of care expected in your situation, either through negligence or error.
- Causation: The breach directly caused your injury or worsened your condition.
- Damages: You suffered harm as a result of the breach, whether physical, emotional, or financial, and can quantify the impact of the injury.
Essentially, you must show that the healthcare provider’s actions or inactions led to harm that would not have occurred if they had followed the appropriate standard of care.
What Types of Damages Can Be Recovered in a Medical Malpractice Lawsuit?
In a medical malpractice lawsuit, you may be entitled to several types of compensation, including:
- Medical Expenses: Costs for current and future medical treatment related to the injury or condition caused by the malpractice.
- Lost Wages: Compensation for income lost due to your inability to work while recovering from the injury.
- Pain and Suffering: Financial recovery for physical pain, emotional distress, and reduced quality of life caused by malpractice.
- Loss of Earning Capacity: If your injury prevents you from earning the same income in the future, you may be entitled to compensation for the diminished ability to work.
- Punitive Damages: In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the wrongdoer and deter future misconduct.
The exact amount of compensation depends on the specifics of your case, including the severity of the injury and its long-term impact.
What Are My Legal Options if a Family Member Dies Due to Medical Malpractice?
If you’ve lost a family member due to medical malpractice, you may be able to file a wrongful death lawsuit. In such cases, you would need to prove that the death was caused by the healthcare provider’s negligence or failure to meet the standard of care.
Compensation in a wrongful death lawsuit can include:
- Funeral and Burial Expenses: Costs associated with the funeral and related expenses.
- Loss of Financial Support: Compensation for the income your family member would have provided, had they not died.
- Loss of Companionship and Emotional Pain: Damages for the emotional distress, grief, and loss of companionship experienced by surviving family members.
- Medical Expenses: Any medical costs incurred before the death, if applicable.
Texas allows surviving family members to file a lawsuit for wrongful death under specific circumstances. It’s important to consult with a lawyer who focuses on wrongful death to understand your legal options.
Preparing for Your First Meeting with a Lawyer
The initial meeting with your legal representative is crucial to the success of your case. Here’s how you can be best prepared:
Gather Your Medical Records
Bring all relevant medical documents related to your treatment, including hospital records, test results, prescription history, and notes from your healthcare providers. These documents will help your attorney assess the timeline and scope of the malpractice.
Write Down a Detailed Account
Prepare a written summary of your experience, detailing the events leading up to the malpractice, any symptoms you experienced, and how your condition worsened after the incident. Include specific dates and names of healthcare providers involved.
List Your Injuries and Symptoms
Be prepared to explain the physical, emotional, and financial impact the malpractice has had on your life. Include how the injury has affected your ability to work, your relationships, and your overall quality of life.
Document Communication
Bring any written correspondence, emails, or letters exchanged between you and your healthcare provider regarding the issue. This can help establish a pattern of negligence or poor communication.
Prepare Questions
This meeting is a time for you to ask important questions. Inquire about the lawyer’s experience with medical malpractice cases, their success rate, and the likely timeline for your case. Don’t hesitate to ask about the potential costs, at Daly & Black, P.C., we work on a contingency basis which means we only get paid when we win.
By acting quickly and being well-prepared, you give yourself the best chance to navigate the often complicated legal process effectively and secure the compensation you deserve on your road to recovery. At Daly & Black, P.C., our Lawyers are ready and waiting to shoulder the burden of your medical malpractice case.
Common Causes of Medical Malpractice
Medical malpractice incidents in the United States can occur for a variety of reasons, but there are several common causes that frequently contribute to these events. They often stem from errors in diagnosis, treatment, or communication within healthcare settings. Some of the most common causes include:
Diagnostic Errors
When doctors fail to correctly diagnose a condition, it can lead to serious consequences for the patient, often delaying proper treatment or causing harm. A delayed diagnosis happens when a condition isn’t recognized in time, meaning the patient misses out on the necessary care. Misdiagnosis occurs when the wrong condition is identified, leading to treatments that may be ineffective or even harmful. Failing to order the right tests or imaging studies can also prevent an accurate diagnosis, further delaying the appropriate treatment.
Surgical Errors
Surgical errors are among the most critical mistakes that can occur in medical practice, often leading to severe consequences for patients. These errors can include wrong-site surgeries, where the procedure is performed on the wrong part of the body, or the failure to remove surgical instruments or sponges after the procedure, which can lead to serious complications. Anesthesia errors—such as incorrect dosages or inadequate monitoring during surgery—also pose significant risks to patient safety.
Medication Errors
Medication errors can have serious consequences, putting patients at risk when they aren’t given the right treatment or aren’t carefully monitored. Administering the wrong dosage—whether too much or too little of a drug—can lead to harmful side effects or fail to effectively address the condition. In some cases, patients may be given the wrong medication altogether, often due to labeling or communication errors. And when patients aren’t carefully monitored for adverse reactions, those dangerous side effects can go unnoticed, putting their health at even greater risk.
Failure to Follow Standards of Care
Failure to follow standards of care occurs when healthcare providers fall short in delivering the level of care expected for a patient’s condition, putting their health at risk. Negligence in treatment can happen when the care provided doesn’t meet generally accepted medical standards, potentially causing harm or delaying recovery. Another issue is failure to refer a patient to a specialist when needed, which can allow a condition to worsen without the proper expertise. Inadequate follow-up care is also a significant concern; when patients aren’t properly monitored after a diagnosis or treatment, conditions can progress unnoticed, leading to more serious complications.
Communication Failures
When doctors, nurses, and staff don’t communicate clearly, important details can be missed, causing misunderstandings or incorrect instructions. Poor communication between providers and patients can also result in treatment plans or risks being unclear. In handoff situations—like shift changes—critical information can be lost or miscommunicated, putting patients at risk.
Lack of Informed Consent
Failure to inform occurs when healthcare providers do not fully disclose the risks, benefits, and alternatives of a procedure or treatment. Without this critical information, patients are unable to make informed decisions, which can lead to legal liability if complications arise.
Inadequate Supervision or Training
Undertrained personnel can lead to serious errors when healthcare providers, including doctors, nurses, or technicians, lack the necessary training or supervision. Inadequately trained staff are more likely to make critical mistakes that could jeopardize patient safety. Similarly, resident or intern mistakes are common, as medical residents and interns are still in training. However, if not properly supervised, their errors can result in harm to patients.
Failure to Manage or Monitor Chronic Conditions
Inadequate monitoring occurs when healthcare providers fail to properly track a patient’s progress or manage chronic conditions like diabetes, hypertension, or heart disease. Without consistent monitoring, these conditions can worsen or be overlooked. Failure to adjust treatment plans happens when healthcare providers don’t update treatment plans as a patient’s condition evolves, which can lead to worsening health.
Hospital or Facility Issues
Hospitals that fail to maintain sterile environments or properly implement infection prevention measures can lead to hospital-acquired infections, putting patients at risk. Similarly, the use of outdated or malfunctioning equipment due to poor maintenance or failure to assess technology needs can also compromise patient safety and hinder proper care.
Failure to Act in Emergency Situations
A delay in treatment in emergency situations can have serious consequences, as a delay in diagnosis or care can worsen a patient’s condition. Similarly, failure to stabilize occurs when a patient in critical condition isn’t properly stabilized before being transferred or proceeding with treatment, putting their health in jeopardy.
Poor Documentation
When patient care isn’t properly documented, it can lead to incomplete or inaccurate medical records. This can result in errors or omissions that negatively impact future care decisions and compromise patient safety.
Failure to Recognize Warning Signs
When healthcare providers overlook key symptoms or fail to connect them to a more serious underlying condition, it can lead to misdiagnosis or delayed treatment, putting the patient at risk.
Overworked or Burnt-Out Healthcare Providers
Fatigue among physicians, nurses, and other healthcare professionals—whether due to being overworked or burned out—can increase the likelihood of mistakes caused by stress, fatigue, or lack of attention. These errors can have serious legal consequences if they result in harm to patients. Similarly, insufficient staffing, especially in hospitals or emergency care settings, can lead to rushed decision-making and overburdened staff, raising the risk of errors. If these errors lead to patient harm, they may expose healthcare providers and institutions to legal liability.
Failure to Utilize Technology Properly
EHR (Electronic Health Record) Errors can lead to critical mistakes in patient care when issues like incorrect data entry, system glitches, or failure to update patient information occur. These errors may result in incorrect diagnoses or treatment, exposing healthcare providers to legal liability if harm comes to the patient.
Similarly, an over-reliance on technology—where healthcare providers depend too heavily on technological tools without applying proper clinical judgment—can also contribute to errors. If these mistakes affect patient outcomes, they can lead to significant legal consequences for the healthcare provider.
The Toll of Medical Malpractice: Seeking Justice for Those Affected by Negligence
Medical errors are responsible for an estimated 250,000 deaths annually in the United States, making them the third leading cause of death, behind only heart disease and cancer, as reported by Johns Hopkins Medicine.
Beyond fatalities, medical malpractice can also result in serious injuries, leaving survivors with long-term disabilities, disfigurements, and significant challenges to their quality of life. We have made it our life’s mission to ensure that the people behind these statistics are provided the justice they deserve.
Why Choose Daly & Black P.C.
- Proven Experience: Our track record speaks for itself—we have a reputation for relentlessly pursuing fair compensation for our clients and holding negligent healthcare providers accountable.
- Dedication to Justice: We are committed to ensuring that your rights are respected and upheld and that justice is served. Medical malpractice can have long-lasting impacts and we fight to ensure you receive the financial support necessary to recover.
- Excellence in Legal Representation: Our team is not just highly skilled; we are passionate about fighting for victims of medical negligence. We understand the challenges you face and work diligently to secure the best possible outcome for your case.
- A Partner Who Cares: We recognize the physical, emotional, and financial hardships that medical malpractice can cause. At Daly & Black, P.C., we are fully dedicated to your cause, standing by you every step of the way.
Contact Daly & Black P.C. Today
If you or a loved one has suffered due to medical malpractice, don’t wait before getting in contact with one of top medical malpractice lawyers Houst has to offer. Daly & Black, P.C. is ready to help you navigate your medical malpractice claim and fight for the justice and compensation you deserve. Contact us today for a free consultation. The sooner you get in contact with us the sooner your road to recovery starts.
FAQ
Do I need to come to Houston for a free consultation?
No, you do not need to come to Houston for a free consultation. At Daly & Black P.C., we offer consultations over the phone or through video conferencing, making it convenient for you to discuss your case without having to travel. We understand that your time is valuable, and we’re committed to providing accessible legal support no matter where you’re located. Contact us today to schedule your consultation.
What is a medical malpractice lawyer?
A medical malpractice lawyer is an attorney who focuses on representing individuals who have been harmed due to the negligence or misconduct of healthcare professionals. These lawyers handle cases where patients suffer injuries or death as a result of errors in diagnosis, treatment, surgery, medication, or other forms of medical care. A medical malpractice lawyer helps victims seek compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages. They have expertise in medical laws, standards of care, and the complex procedures involved in pursuing a malpractice claim.
What does a medical malpractice lawyer do?
A medical malpractice lawyer represents individuals who have been injured or harmed due to medical negligence. Their primary role is to investigate the details of your case, gather medical records, and consult with experts to determine whether malpractice occurred. They handle all aspects of the legal process, including filing lawsuits, negotiating settlements, and representing you in court if necessary.
The lawyer’s goal is to help you recover compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the malpractice. They also ensure that your rights are protected and work to hold negligent healthcare providers accountable for their actions.