Medical Malpractice Attorney in Katy, TX
Experienced Medical Malpractice Attorney in Katy, TX
When a medical professional exhibits a lack of skill, negligence, or professional misconduct and as a result you are injured or harmed, you may file a medical malpractice lawsuit. Medical professionals have a duty of care to patients. This means that the medical professional must act in a manner that another similarly trained medical professional would have done, given the same circumstances.
A medical professional can inflict harm or injury by something they do, or from a failure to act or diagnose. As an example, suppose you visit your doctor several times over the course of a year, each time detailing specific symptoms. Despite this, the doctor fails to order tests that would have allowed him or her to diagnose cancer or another illness much sooner. Under these circumstances, medical malpractice may have occurred.
A medical malpractice attorney is a highly trained legal professional who will carefully review your injury to ensure all elements of a successful medical malpractice claim are present. Your medical malpractice attorney in Katy, TX will first establish that the medical professional in question owed you a duty of care because you were a patient at the time of the injury or harm.
Next, your medical malpractice attorney from The Brothers Law Firm will show that a breach of duty occurred, or that the medical professional failed to treat you in a competent, medically acceptable manner. There must be a causal connection between this breach in the standard of care and your injury, then your attorney must show that as a result of the breach you suffered actual, serious damages, and/or injuries.
Your medical malpractice attorney in Katy, TX will comprehensively assess the facts and circumstances of your medical injury or harm after gathering all your medical records and researching your specific injuries. Your attorney will then calculate your total damages and negotiate a settlement with the insurer. If the insurer refuses to pay a fair settlement, a lawsuit will be filed, and your medical malpractice case will be litigated.
Is Medical Malpractice Common?
According to the American Medical Association, almost one-third of physicians in the United States have been sued at some point in their careers. The longer a physician has been in practice, the higher his or her risk of being sued for medical malpractice. Surgical specialists have the highest risk of being sued for medical malpractice, while internal medicine physicians have the lowest risk. Obstetricians, general surgeons, and orthopedic surgeons have the highest risk of being sued—about 62 percent of OB-GYNS have been sued at some point in their careers.
Female physicians and surgeons appear to have a lower risk of being sued for medical malpractice than male physicians and surgeons. It is believed this is due to the fact that a female physician or surgeon is more likely to take responsibility for a bad outcome and apologize to the patient. Many patients say they pursue a medical malpractice claim not only to recoup the financial costs of an injury but also because the doctor or surgeon refused to admit they made a mistake.
In the big picture, medical error is the third leading cause of death across the United States. Only cancer and cardiovascular disease cause more deaths than medical error. Keep in mind that medical error can also involve a failure to act or a failure to diagnose a serious illness.
What Are the Statutes of Limitations on a Texas Medical Malpractice Case?
Statutes of limitations involve the window of time set by each state which gives those injured by a medical error or omission a specific amount of time in which to file a medical malpractice case. There are exceptions to the general rule in Texas. These exceptions include cases involving minors, cases where the negligence was not reasonably discoverable within the statute of limitations, or where injuries occurred over the course of treatment. Ultimately, only a lawyer can tell you what the statute of limitations is for your case after a review of the specific facts. In addition to the statute of limitations, cases against governmental entities also require pre-suit notice. Sometimes the deadline for providing this notice is as short as 90 days. It is important to speak to an experienced medical malpractice attorney in Katy, TX from The Brothers Law Firm so you will understand your own window of time.
What is Informed Consent and How Might It Affect My Medical Malpractice Case?
Most medical procedures are performed after a patient signs a consent form. Many people mistakenly believe that if they sign this form, their doctor cannot be sued. That is incorrect. While signing a consent form may prevent a patient from suing the doctor for failing to disclose the risks and hazards of a procedure, it does not insulate the doctor from all lawsuits. In fact, most cases involving surgical errors or anesthesia errors are prosecuted despite a consent form. Do not assume that you do not have a case just because you signed a consent form.
How Can a Medical Malpractice Attorney in Katy, TX from The Brothers Law Firm Help?
When you have an experienced medical malpractice attorney in Katy, TX from The Brothers Law Firm, you have taken the first important step toward a positive outcome. Attorney John Brothers and his legal team are uncompromising when it comes to safeguarding the futures of his clients. If you or a loved one is the victim of medical malpractice and are left with serious injuries, or facing a lifetime of physical, emotional, and financial struggles, The Brothers Law Firm can help.
Suppose your injuries are so severe that you are unable to return to work, therefore, not only unable to pay your medical expenses but also unable to pay your normal monthly bills. This could lead to a major financial setback over something you had no control over. Your challenges can feel overwhelming, and if your injuries are the result of medical negligence or reckless conduct, you may also feel angry, frustrated, and anxious about your future. You have questions, and we have answers for you. Attorney John Brothers provides high-quality legal services to victims of medical malpractice. Contact The Brothers Law Firm today to arrange a free initial consultation to discuss your medical malpractice claim.