Missouri City Medical Malpractice Lawyer

medical records Medical malpractice is a common type of negligence in the United States. It normally occurs when a healthcare provider or medical professional recklessly or carelessly fails to provide a standard and acceptable level of competence and care, resulting in injury or harm to their patient. This is a serious issue that often results in serious consequences for parties involved. According to a study by Johns Hopkins, medical errors are the third leading cause of death in the U.S after heart disease and cancer. Approximately 250,000 fatalities are recorded every year as a result of medical negligence.

If you or your loved one are victims of medical negligence, you deserve justice. Nobody should have to face the worrisome aftermath of a medical procedure gone wrong especially if it was avoidable. Make the first step of contacting a Missouri City medical malpractice lawyer. Our seasoned attorneys are experienced in this area of law and are committed to fighting for your rights as a victim or on behalf of your loved. We will  work round the clock to investigate your case, collect facts, gather evidence, consult experts, and most importantly, negotiate with insurance companies and the at-fault parties for fair compensation. To get started, please contact our offices right away.

How a Medical Malpractice Lawyer Can Help

A medical malpractice claim can arise from an array of situations. Some of the most popular scenarios our Missouri City medical malpractice attorneys handle are:

  • Simple medical errors
  • Surgical errors
  • Birth injuries
  • Dental malpractice
  • Misdiagnosis
  • Errors while prescribing medications
  • Cauda Equina Syndrome malpractice
  • Laboratory error
  • Anesthesia error
  • Malpractice due to an improper medical procedure
  • Lack of adequate patient monitoring
  • Chiropractor malpractice

Many states in the U.S have measures in place to curb the rising cases of medical malpractice. For example, all healthcare providers must obtain informed consent from patients before undertaking any critical operation such as surgery. Unfortunately, some healthcare workers fail to obtain this consent, thus setting the stage for lawsuits. Our attorneys are available to review the circumstances of your injuries and the harm you suffered to establish whether someone may have been negligent.

What Is A Medical Malpractice Case?

Medical malpractice is a breach of contract or other tort action for personal injuries or wrongful death, based on the professional or health care services rendered, or the ones that a health care provider should have rendered to the patient. Generally, medical malpractice is an instance where a health care provider (a doctor, nursing home management company, hospital, a physician’s office, or a radiology analysis provider) does not render their services as per the standard of medical care. This act can result in the patient sustaining illness, injury, or death.

You may consider a medical malpractice lawsuit if you had a medical procedure that led to an unfavorable outcome. However, you carry the burden of proof to show that your procedure would have been successful had the medical professionals rendered a correct level of due diligence and followed proper protocol. If you believe this scenario describes your situation, make the initial step of speaking to a caring Missouri City medical malpractice attorney as soon as possible. Informing this issue to a lawyer is the best way for determining whether you have a viable case against the negligent party.

Some of the potential medical malpractice issues our Missouri City lawyers handle include:

  • Hospital-related infections
  • Development delay or birth-defects
  • ‘Failure to diagnose’ cases such as cancer, stroke, heart disease, pulmonary embolism, or meningitis
  • Drug or medication errors such as Gentamicin poisoning, unrecognized drug allergies, dangerous combinations of certain drugs, overdose, and improper use of a specific drug
  • Abuse in the nursing home facility like medication errors, failure of the nursing home facility to treat an emerging condition, and inappropriate types of treatment by nurses or any other staff member

The Burden Of Proof In a Medical Malpractice Claim

As the plaintiff, you need to prove the liability of the doctor, nurse or any other health care provider. Therefore, the health care provider is not liable for medical malpractice until the plaintiff and his or her Missouri City medical malpractice attorneys meet certain burdens of proof. First, the alleged injured party and their attorney must provide evidence to show that the negligent behavior of the health care provider deviated from the required standard of care.

Secondly, the alleged injured party must prove that the medical malpractice led to the illness or injury in question – which commonly known as causation. Lastly, the alleged injured party must show that the sustained illness or injury is enough to warrant financial damages. These elements of negligence may pass as easy to prove until you face the defense attorneys. Without a knowledgeable attorney, you are likely to be intimidated into giving up on your rights. 

The Most Common Misdiagnosed Conditions

Misdiagnosis is one of the most common causes of action for medical malpractice. This issue occurs when a health care provider makes a diagnosis for a condition, which does not represent the current issues affecting the patient. Some of the most popular diagnosis cases include:

  • A health care provider who misses a cancer diagnosis by failing to make a proper follow up when a patient reports the cancer’s innocuous health problems such as a nagging headache, difficulty breathing, and indigestion.
  • When a patient reports heart attack symptoms like difficulty breathing, back pain or upset stomach but is treated for an anxiety disorder or acid reflux disease.

Our team will consult medical experts to establish the type and extent of your misdiagnosis. 

Statute Of Limitations For Medical Malpractice

doctor's gloves

In Texas and the rest of the country, there is a statute of limitations on medical malpractice lawsuits, similar to the cases of most civil action causes. When filing a lawsuit related to medical malpractice in the state of Missouri City, you and your attorney will have to present it within a given period after the actual incident.

However, you need to note that there several circumstances that can extend the actual statute of limitations for the medical malpractice case in Missouri City. Some of these circumstances include:

  • Mistakes involving retained objects
  • Misdiagnosis cases
  • A child patient
  • Medical malpractice that causes a disability.

Call a Missouri City Medical Malpractice Attorney For A Free Consultation

Pursuing a medical malpractice claim with the assistance of a Missouri City medical malpractice lawyer can help you attain financial compensation you deserve, in order to get your personal and professional life back to its original track. It is always essential to act quickly and contact an attorney if you have been a victim of medical malpractice. Our team will play a vital role in helping you to pursue the financial compensation you deserve. Therefore, make a step of contacting our offices today for a free consultation.

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