What Does a Medical Malpractice Attorney in Conroe, TX Do?

If you or a loved one have been injured by the negligence of a Conroe, TX healthcare professional or healthcare facility, you may be unsure of what you need to do to safeguard your physical, financial, and emotional future. Perhaps your injuries are so severe that you are unable to return to work and make a living. Your injuries may have resulted in extensive medical bills, as well as pain and suffering costs. Pain and suffering cover not only actual physical pain resulting from medical negligence but also emotional pain and trauma. 

Like most of us, you probably trust your healthcare providers as well as the facilities you are treated in. We assume that the accepted medical standards of care will always be carefully adhered to—and in most cases, this is true. Unfortunately, sometimes a medical provider or facility can cause injury or harm through medical errors, improper care, failure to diagnose, misdiagnosis, or failure to properly disclose the risks associated with a treatment, procedure, or drug. At The Brothers Law Firm, we help Texans from all walks of life who have suffered injury or harm from substandard or negligent medical care. 

Medical negligence usually occurs when a healthcare provider fails to act in a reasonably prudent manner—in the same way another similarly trained healthcare provider would have done, given the same circumstances. Attorney John Brothers understands that you have choices when looking for a medical malpractice attorney in Conroe, TX. He also believes strongly that once you have spoken to him, your choice will be clear. Attorney John Brothers began studying medical malpractice while still in law school. 

John primarily deals with medical malpractice cases, which means his experience, knowledge, and skills are unparalleled in the industry. John will carefully and comprehensively analyze the circumstances surrounding your injury or harm from medical malpractice, and with the help of medical experts, he will build a solid case on your behalf. The Brothers Law Firm is ready to represent you in court or through negotiations with healthcare providers and their insurers, working tirelessly to ensure maximum compensation for your injuries.

What Are Some Signs That I Have a Valid Medical Malpractice Claim?

According to the American Medical Association, nearly one-third of U.S. physicians in 2022 reported being previously sued for medical malpractice. In the state of Texas, healthcare facilities and medical providers must inform you of any potential risks associated with a recommended treatment, surgical procedure, or prescription drug. If you were not informed of these risks—and likely would not have agreed to the treatment, procedure, or drug if you had been informed—then this is clear medical malpractice. Some potential signs of medical malpractice include:

• The treatment recommended by your surgeon or healthcare provider does not have the desired results. 
• Invasive procedures or drugs with known severe side effects were prescribed by your doctor for a fairly non-serious illness or injury. In other words, your treatment plan does not make sense with your diagnosis.  
• Despite your serious symptoms, your doctor only orders basic bloodwork.  
• You seek a second opinion and get a diagnosis that is vastly different from the first doctor’s diagnosis and treatment plan.  
• The medical facility you are in seems significantly understaffed.  
• Your surgeon or anesthesiologist made an error during surgery that another surgeon or anesthesiologist would have been unlikely to make.  
• There is a lack of follow-up by your healthcare provider.

What is the Statute of Limitations for Medical Malpractice Claims in the State of Texas?

Generally speaking, the statute of limitations (the “window of time” in which an injured person has to file a medical malpractice claim) is two years, however, there are exceptions. If the individual injured by the medical malpractice is a minor, then he or she has until the age of 14 to file suit. If the negligent healthcare provider is a government employee, the two-year statute drops to six months after harm or injury occurs.

Since some Texas hospitals and clinics are owned by government entities, you must consult an experienced medical malpractice attorney in Conroe, TX. In some circumstances, harm or injury may not have been discovered until after the two-year statute has run. In this case, the individual has a “reasonable time” following the discovery to file a medical malpractice case.

The Texas statute of repose states that any medical malpractice claim filed more than ten years after the negligent act or omission occurred is barred, and this bar likely trumps any exception listed above. In the end, it is always better to act quickly as soon as you know you have been harmed by medical negligence.

Is there a Medical Malpractice Damage Cap in Texas?

Obtaining full compensation for your losses in a medical malpractice case in Texas is somewhat controversial. Unlike most other states, the amount of compensation you can be awarded for pain and suffering damages is restricted. Your claim for economic damages—past, current, and future medical expenses related to your medical malpractice injury, lost wages, and future economic losses are straightforward, and there is no cap on these damages. An exact number can be placed on economic damages, so the award corresponds to the total of your economic damages.

Pain and suffering are considered non-economic damages because they are much more subjective. Pain and suffering damages include compensation for actual physical pain as well as emotional pain and suffering. Emotional pain and suffering include depression, anxiety, PTSD, loss of enjoyment of life, inability to engage in previous day-to-day tasks and recreational activities, and more. These damages are more difficult to quantify, and the state of Texas has placed a “cap” on non-economic damages–$250,000 for doctors and healthcare providers, and $500,000 for hospitals and other healthcare facilities.

What Should I Ask a Medical Malpractice Attorney in Conroe, TX to Ensure I Make the Right Choice?

You want a medical malpractice attorney who has significant experience with medical malpractice cases, whose practice centers on medical malpractice, and, of course, one that you trust and feel comfortable with. Some questions you might ask medical malpractice attorneys when choosing one for your case include:

• Do you have extensive medical knowledge that will allow you to interpret and analyze medical charts and scrutinize the opinions of medical providers and medical experts? 
• Have you handled medical malpractice cases similar to mine? 
• Are you equally skilled in negotiation and litigation? 
• Do you have sufficient resources—financial and otherwise—to handle my medical malpractice case? 
• What noteworthy medical malpractice cases have you handled in the past?

How Can The Brothers Law Firm Help With My Medical Malpractice Case?

If you or a loved one is a victim of medical malpractice caused by the negligence of another person or entity that has left you with serious injuries, you may be struggling physically, emotionally, mentally, and financially. You may be unable to return to work and make a living, and the challenges you face may seem entirely overwhelming. You may also have many questions that require thoughtful, serious answers. The goal of attorney John Brothers is always to make the lives of those injured through medical malpractice better, providing high-quality legal services to those in need.

At The Brothers Law Firm, medical malpractice is the primary area of law we practice. We do not “dabble” in medical malpractice, we live and breathe these cases. Additionally, we have the necessary resources, skills, insights, and experience necessary to ensure your financial recovery is maximized to the extent possible. Attorney John Brothers knows which issues to focus on and has long-standing relationships with highly credentialed expert witnesses across a wide range of disciplines.

This level of resources can absolutely make a difference in the outcome of your medical malpractice case. Everything we do at The Brothers Law Firm—including the time, attention, and focus we give your case, our responsiveness to questions and concerns, and our uncompromising efforts to better your life—will have an impact on your future. Contact The Brothers Law Firm today to arrange a free initial consultation.