Austin Surgical Error Attorney

Frequently Asked Questions

What qualifies as a surgical error?

A surgical error is considered a mistake made during surgery that was preventable. This can include anything from operating on the wrong body part, improper administration of anesthesia, or leaving surgical instruments inside the patient. In Austin, these errors are analyzed against standard medical practices to determine if negligence was involved. Our firm evaluates the medical records and consults with medical experts to determine whether an error meets the legal criteria for negligence under Texas law.

Examples of situations that may be considered surgical errors include:

• Operating on the wrong site or performing a procedure on the wrong body part because charts, imaging, or markings were not checked carefully.
• Performing the wrong procedure on a patient when there is confusion about the diagnosis, the planned surgery, or which patient is in the operating room.
• Leaving foreign objects behind such as sponges, instruments, or other materials that should have been removed before closing the incision.
• Mishandling anesthesia through improper dosing, failure to monitor vital signs, or not responding appropriately to signs of distress.

How long do I have to file a medical malpractice claim in Texas?

The statute of limitations for medical malpractice claims in Texas is generally two years from the date of the surgery. However, some nuances and exceptions, such as the discovery rule, might extend this period. Understanding these legal timelines is crucial, and our team at The Brothers Law Firm will help you understand and navigate these statutes to ensure your claim is filed promptly.

When considering important timelines for a potential claim, it can help to remember:

• The general two-year deadline usually runs from the date of the surgery or the end of a continuous course of treatment related to the procedure.
• Certain exceptions may apply in cases involving minors, patients who could not reasonably discover the injury right away, or specific types of healthcare providers.
• Claims against government-owned facilities may require additional notice steps within shorter time frames under Texas law.
• Speaking with an attorney early helps ensure that critical medical records, witness statements, and other evidence are preserved before time passes.

What compensation could I be entitled to?

In surgical error cases, you may be entitled to various types of compensation, including medical expenses, lost wages, pain, and suffering, and in some cases, punitive damages. The specific circumstances of your case will determine the compensation you might recover. At The Brothers Law Firm, we meticulously calculate and pursue just compensation to support your recovery and to mitigate the financial and emotional burden of your surgical error.

Depending on the facts of your case, potential categories of damages may include:

• Past and future medical care for hospitalizations, follow-up surgeries, therapy, medications, and supportive services related to the surgical error.
• Lost income and reduced earning capacity if your injuries prevent you from returning to your prior job or limit the hours and type of work you can perform.
• Physical pain and emotional suffering caused by the injury, recovery process, and any permanent limitations or disfigurement.
• Impact on daily life and relationships such as loss of enjoyment of activities, strain on family roles, and the need for in-home assistance.

Why Choose The Brothers Law Firm?

Unlike general practice law firms, we concentrate exclusively on medical malpractice cases, offering focused knowledge and specialized procedures tailored to these complex cases. Our personalized service provides you with direct access to Attorney John Brothers, ensuring that you have a dedicated advocate who understands the gravity of your situation. We are relentless in pursuing justice and compensation, leveraging our relationships with expert witnesses and our understanding of the Austin legal landscape.

Clients often choose our firm for reasons such as:

• Exclusive focus on medical negligence including surgical errors, birth injuries, and nursing home abuse, rather than spreading attention across unrelated practice areas.
• Direct access to Attorney John Brothers so you know the lawyer leading your case is the one reviewing your records, building your strategy, and speaking on your behalf.
• A thorough, expert-informed investigation process that includes early evidence preservation and collaboration with respected medical professionals across multiple fields.
• Compassionate, transparent communication aimed at keeping you informed, prepared, and supported from the first consultation through resolution.

Common Wrong-Site And Wrong-Procedure Claims

Many of the most devastating surgical malpractice cases involve operations performed on the wrong body part, on the wrong patient, or using the wrong procedure altogether. These events are often called "never events" because they should not happen when reasonable safeguards are in place, yet they still occur in busy operating rooms in Austin and throughout Texas. Understanding how these errors arise can help you evaluate whether it makes sense to speak with an attorney about what happened to you or a loved one.

Wrong-site surgery can involve operating on the wrong side of the body, the wrong level of the spine, or the wrong organ, sometimes because charting, imaging, or pre-surgical marking was not done or checked correctly. Wrong-procedure cases may occur when a surgeon misidentifies the condition being treated, mixes up patients, or proceeds without confirming key details with the team and the patient. A wrong surgery site attorney Austin families contact will carefully review the pre-operative records, time-out documentation, and imaging studies to identify exactly where the process broke down and who may be responsible.

These claims can also include situations where the correct procedure was performed on the correct site, but without proper consent or in a way that went far beyond what the patient authorized. Because hospitals and insurers may argue that such errors are rare or blame communication breakdowns, it is important to have someone on your side who understands how these cases are handled in courts such as the Travis County civil courts and other Central Texas venues.

Contact Our Surgical Errors Lawyer in Austin Today

If you or a loved one has been affected by a surgical error, contacting The Brothers Law Firm could be your next step toward recovery. By reaching out, you will receive a compassionate, personalized consultation with our experienced legal team. We’ll discuss your situation, outline your legal options, and help you feel informed and supported. Our mission is to relieve the stress of legal proceedings, allowing you to focus on healing while we focus on your legal advocacy. Call us today to start your journey toward justice and recovery with a dedicated partner by your side.

Contact us by calling (903) 829-3877 today to get started with our Austin surgical errors attorney.