Medical Malpractice Attorney in Humble, TX
What Does a Medical Malpractice Attorney in Humble, TX Do?
Choosing a medical malpractice attorney in Humble, TX can be one of the most important choices you make during your life. Following an instance of medical malpractice, you may be suffering financially, physically, and emotionally. Unfortunately, medical malpractice occurs far more often than it should—medical errors are the third leading cause of death in the United States, following cancer and cardiovascular issues. Medical malpractice lawsuits require the following elements:
- The medical provider owed you a duty of care because there was a doctor/patient relationship between you and the provider.
- The duty of care was breached by your medical provider. This means that another medical provider with similar training would have acted differently given the same circumstances.
- You suffered injury or harm as a result of the breach of duty of care.
- Your injuries caused financial or physical harm or harm to your future.
A good medical malpractice attorney has the following qualities:
- A comprehensive understanding of all issues surrounding medical malpractice. These issues are generally both specific and unique to medical malpractice claims and require an attorney who can keep the case moving forward.
- Thorough understanding of the medical profession, medical procedures, and medical treatments. Your medical malpractice attorney in Humble, TX must be able to look at your case and know what rules were broken and how that led to your injury. Since virtually every medical malpractice case requires testimony and evidence from medical experts—on both the defendant’s side and the plaintiff’s side—your attorney must have a deep understanding of the science behind the medicine.
- Experience in medical malpractice cases is absolutely critical because of the many different complexities involved in medical malpractice. You want to ensure your medical malpractice attorney has experience taking medical malpractice cases from negotiation to litigation.
When you choose The Brothers Law Firm, attorney John Brothers and his legal team will gather and review all your medical records in order to understand what happened vs. what should have happened. Depositions that include you, the medical professional you allege was negligent, medical experts, and any other witnesses who can help explain what went wrong and why.
How Common is Medical Malpractice?
It is difficult to know just how common medical malpractice is. Studies have shown that the vast majority of cases go unreported and unprosecuted. There are many reasons for this. One reason is that many victims never know they or their loved one suffered a medical error. That is because many times, healthcare providers are not forthcoming about what happened. Fear of punishment makes healthcare professionals reluctant to report errors, even when they worry about a patient’s safety. Disciplinary action, including the loss of a job is often a consequence of a medical error that can lead to underreporting. Another challenge medical malpractice victims have is finding a lawyer who is willing and able to take their case. There is also no single, clear definition regarding what constitutes a medical error. Essentially, medical malpractice includes errors of omissions (a result of actions not taken), or errors regarding wrong actions taken that no ordinarily prudent healthcare provider should make.
How Do I Sue for Medical Malpractice?
Your first step following your injuries resulting from medical malpractice will be to determine whether you have a possible medical malpractice claim. The only sure way to make this determination is to speak to an experienced medical malpractice attorney in Humble, TX from The Brothers Law Firm. Attorney John Brothers can help you find out whether the harm you suffered was a direct result of your healthcare provider’s acts or omissions that fell below the acceptable medical standard of care. If you do have a valid medical malpractice claim, your medical malpractice attorney will then do the following:
- Check to see whether your claim falls within the statute of limitations. Each state sets its own statutes of limitations. In some instances, it is hard to know exactly when medical negligence occurred. There are exceptions to the general rule in Texas for cases. These exceptions include cases involving minors, cases where the negligence was undiscoverable, or where injuries occurred over the course of treatment.
- Consider who should be included in the medical malpractice lawsuit. In many cases, the doctor is not the only party your attorney will pursue a claim against. The clinic, hospital, or other care facility that employed the doctor or other healthcare provider may also be included in the lawsuit. Perhaps the healthcare facility failed to vet the employees or ensure safety policies were in place.
- Look at your state’s procedural rules (tort reform laws). In the state of Texas in 2003, the Medical Malpractice and Tort Reform Act was passed, capping the damages victims of medical malpractice can receive. Economic damages (medical expenses, current and future, lost wages, and lost future wages) are not capped.
- Determine whether a negotiated settlement is possible through the provider’s medical malpractice insurance.
- If no settlement can be reached, your attorney will file a medical malpractice lawsuit on your behalf, building a strong case and bringing in expert witnesses to prove your case.
It is essential that you have an experienced medical malpractice attorney from Humble, TX representing you from day one. When you choose The Brothers Law Firm, we will obtain your medical records, follow all Texas procedural rules, negotiate an equitable settlement, or move forward with a lawsuit.
When Should I Begin My Medical Malpractice Case?
Sooner is always better regarding medical malpractice cases. As soon as you know your injuries or harm are the result of medical malpractice, it’s time to speak to an experienced medical malpractice attorney in Humble, TX. You must be cognizant of the statute of limitations, plus it is always better to speak to witnesses when their memories are fresh. Further, if you wait, potential witnesses could move away or might be less inclined to get involved.
How Long Will My Medical Malpractice Case Take?
Medical malpractice cases take time. In most states, including Texas, filing a medical malpractice suit requires an expert report at or near the time of filing the lawsuit. If your medical provider admits the error that caused your injury, your case could settle relatively quickly—within six months or so. If the insurance company refuses to pay you an equitable amount for your injuries and a lawsuit is filed, it will take much longer for your case to resolve—sometimes up to three years or more.
How a Medical Malpractice Attorney in Humble, TX from The Brothers Law Firm Can Help
When you choose The Brothers Law Firm, you will find yourself the recipient of exemplary levels of advocacy. We are not a general practice law firm that only “dabbles” in medical malpractice. Our entire mission and focus is on medical malpractice claims. This ensures that we have the resources, skills, insights, and experience necessary to maximize your recovery. Attorney John Brothers and his legal team will vigorously and efficiently pursue maximum recovery on your behalf.
We have the necessary resources to fight large companies and large insurers who are doing everything in their power to avoid responsibility for your injuries and harm. If you want the highest quality legal representation, along with compassion and understanding, The Brothers Law Firm is uncompromising in our efforts to better your life and secure your future. Contact The Brothers Law Firm to arrange for a free initial consultation to discuss your potential medical malpractice claim.