Fort Bend County Medical Malpractice Lawyer

doctor at computer

It’s never expected to visit a hospital for treatment and end up filing a claim against healthcare providers. You may undergo a routine medical procedure and suffer unforeseen side effects and complications down the road due to a doctor’s negligence. Alternatively, a doctor may fail to diagnose a serious condition or follow proper protocol to refer you for further testing. These situations can cause unnecessary pain and suffering due to the medical professional’s negligence.

The National Institutes of Health (NIH) highlights medical negligence as a common occurrence in the U.S. If you have experienced any of these issues, or you suspect medical malpractice, you may be entitled to a settlement in a court of law. A qualified Fort Bend County medical malpractice attorney can help you obtain the financial compensation you deserve. Contact our lawyers today to set up an initial consultation.

What A Valid Medical Malpractice Case In Fort Bend County Requires

Medical malpractice occurs when a healthcare provider fails to meet the essential standards for medical practice in their area of expertise. To have a valid medical malpractice case in Fort Bend County, two separate essential requirements must be met:

  • Firstly, a doctor, nurse, hospital, or any other healthcare provider must have committed negligence or an act of medical malpractice.
  • Secondly, the act of medical malpractice must have resulted in pain and suffering, disability, injury, or death. In rare cases, you may still win a Fort Bend County medical malpractice suit even if you have not experienced any detrimental issues if it exposes you to significant harm in the future.

As per the Health Care Malpractice Claims Statute, Fort Bend County medical malpractice attorneys who choose to file a lawsuit in Fort Bend County Court must notify the Defendants at least 60 days in advance. After this, your attorney will have a certain period to file a merit certificate written by an experienced medical expert. This certificate is used to prove that the doctor or healthcare provider breached the required standards of healthcare through the opinion of another medical professional, and their actions were the primary cause of the patient’s injuries, pain, and suffering.

Obtaining Medical Records After a Malpractice

doctor looking at scans

In Fort Bend County, any patient can obtain their medical records under any circumstance. Obtaining medical records is a crucial component of a medical malpractice lawsuit. The law requires healthcare providers in Fort Bend County to maintain patients’ medical records for at least five years, although most providers keep them indefinitely.

Unfortunately, obtaining these records can be an expensive process in some cases, with costs rising annually as per the consumer price index. However, an experienced Fort Bend County medical malpractice lawyer can help you recover your medical records if you request their services to take on your case. Documenting all your records and treatment processes will be essential in proving that medical malpractice occurred.

The Statute Of Limitations On Medical Malpractice Lawsuits

In Fort Bend County, it is necessary to file a medical malpractice lawsuit within a specific period, failing which the court of law may consider it invalid. For instance, if a surgeon has negligently left a piece of medical equipment in your body, and you do not experience any discomfort or problems for five years, your case will remain valid only if your Fort Bend County lawyer files your lawsuit within two years of discovering the problem. However, if you wait for more than ten years from the occurrence of the negligent act, your lawsuit would be invalid. Generally, personal injury cases must be filed within two years of the day of the injury.

Unsuccessful Procedures, Informed Consent Forms, And Medical Malpractice Suits

It is probable that you have signed an informed consent form, which confirms that your healthcare provider has informed you of the risks associated with a particular procedure and that you have understood those risks clearly. Despite signing this form, you can still file a lawsuit against a doctor with the help of a Fort Bend County medical malpractice lawyer. However, this claim will only be considered valid if the hospital, doctor or nurse has failed to perform their duties according to the accepted standards of care.

A procedure that is ultimately unsuccessful does not necessarily indicate that the hospital, physician’s assistant, nurse, or doctor has committed an act of medical malpractice. A healthcare provider cannot guarantee the success of a given procedure, but they must adhere to the appropriate standard of care. However, if the procedure could have been successful if the doctor had not deviated from the required level of care, you should seek assistance from a Fort Bend County medical malpractice lawyer to pursue your case in a court of law.

Why You May Need The Help Of A Fort Bend County Medical Malpractice Lawyer

Hiring a medical malpractice lawyer in Fort Bend County is a crucial and essential step, particularly when seeking compensation for a personal injury claim. A knowledgeable attorney can review the facts of your case and determine whether your claim is viable. In addition, experienced lawyers know the best steps to take to promptly file the claim. They will also reach out to the defendants to negotiate a settlement for your case.

Hiring an attorney is the best way to ensure maximum value for your case. They will advise you on whether to accept any settlement offer or proceed with a trial. The projected value of your lawsuit is affected by various factors, including your injuries, the nature of your case, injury permanence, and jurisdiction for filing. Overcoming these hurdles can be challenging, especially when self-litigating. Therefore, we highly recommend that you entrust an attorney with experience in this area of law to handle your case.

Common Examples Of Valid Fort Bend County Medical Malpractice Claims

doctor's gloves

There are many situations and scenarios that amount to medical malpractice. They include:

Hospital Malpractice

  • Surgical errors
  • Gastric bypass errors
  • Cosmetic surgery errors
  • Infections
  • Anesthesia errors
  • Nurse malpractice
  • Cauda equina syndrome malpractice
  • Feeding tube negligence
  • Stroke misdiagnosis
  • LASIK malpractice
  • Robotic surgical equipment errors
  • Emergency room errors

Birth Injuries

  • Cerebral palsy
  • Erb’s palsy
  • Shoulder dystocia
  • Brachial plexus palsy
  • Other pregnancy-related injuries and disorders

Drug and Medication Errors

  • Drug overdoses
  • Improper drug use
  • Gentamicin poisoning
  • Unrecognized drug allergies
  • Improper drug combinations

Failure to Diagnose

  • Psychiatric malpractice
  • Pulmonary embolism
  • Cancer
  • Lyme disease
  • Dental malpractice
  • Meningitis
  • Heart disease

If you have been a victim of medical malpractice due to the negligence of a medical professional, please don’t hesitate to contact us right away. We offer a free consultation with one of our qualified attorneys who can provide you with expert guidance. Our team of experienced Fort Bend County medical malpractice lawyers is dedicated to fighting for your rights and the compensation you deserve. We understand the emotional and financial toll medical malpractice can have on you and your loved ones, and we are committed to helping you obtain justice.

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