Medical Malpractice Attorney in Richmond, TX
What Do Medical Malpractice Attorneys Do?
Medical errors are the third leading cause of American deaths, following heart disease and cancer. Add to this the fact that almost a third of all surgeons say they have been sued for medical malpractice and you can see that this is a serious issue. Healthcare is an essential service for every American, and we rely on medical professionals to accurately diagnose, treat, and (hopefully) cure us. While it’s not reasonable to expect miracles, it is reasonable to expect competent medical care. When harm or injury results from a healthcare provider or healthcare facility that has deviated from the accepted standard of care, you may need the assistance of a medical malpractice attorney in Richmond, TX.
When a healthcare provider or facility fails to adequately warn you of the potential risks of a procedure, treatment, or drug, this falls under medical malpractice. Other common forms of medical malpractice include failure to diagnose, misdiagnosis, surgical errors, errors involving medication, birth injuries, and anesthesia errors. Because medical malpractice cases are extremely complex—and the stakes are so high—you should always seek highly qualified legal assistance from The Brothers Law Firm. Attorney John Brothers will carefully analyze the specific circumstances surrounding your injury or harm, then seek assistance from a wide network of experts who will help build a strong, solid case on your behalf.
In general, medical malpractice occurs when a medical professional fails to act in the same manner as a similarly trained medical professional would have done, given the same set of circumstances. Of course, not all adverse outcomes rise to the level of medical malpractice. Many drugs, treatments, and surgical procedures come with certain risks, and some injuries may be unavoidable regardless of the level of care. At The Brothers Law Firm, we will first help you determine whether you have a solid medical malpractice case.
If the answer is “yes,” we will begin building a case that will ensure you receive compensation for all your damages. Our comprehensive knowledge and experience in medical law, healthcare regulations, and medical malpractice cases give The Brothers Law Firm the best chance of a successful outcome. We will investigate your case, gather evidence and medical records, consult with experts, and develop a winning legal strategy. Attorney John Brothers is a highly skilled negotiator and an aggressive, winning, litigator.
How Does the State of Texas Define Medical Malpractice?
In the state of Texas, the Texas Civil Practice and Remedies Code states that medical malpractice occurs when a healthcare provider administers “treatment, lack of treatment, or other claimed departure from accepted standards of medical care,” resulting in injury or death to the patient. Chapter 74 of the Texas Civil Practice and Remedies Code governs medical malpractice across the state, outlining standard procedures and requirements.
What Evidence is Crucial in a Medical Malpractice Case?
Perhaps the most crucial evidence in your medical malpractice case can be found in your medical records. Once The Brothers Law Firm has taken your medical malpractice case, your medical records will be submitted to an expert who has similar training and experience in the same areas of medicine as the medical professional who caused your injuries. This medical expert will help us determine whether your healthcare professional met the accepted medical standard of care. In addition to your own medical records, your attorney may also investigate other avenues associated with the physician’s records, which could include:
- Academic records
- Performance appraisals
- Fellowships
- Any prior medical malpractice settlements or verdicts
- Residencies
- Any prior licensing board actions or hospital disciplinary proceedings
- Confirmation of the physician’s credentials
Do I Need an Expert Witness for My Richmond, TX Medical Malpractice Case?
Medical malpractice cases often hinge on expert witness testimony, so your attorney must have these experts at his or her disposal. Members of the jury would be hard-pressed to understand the nuances of your case without expert medical witnesses. While a jury can give an expert’s testimony as much or as little weight as they choose, most juries respond well to expert witnesses who can relay medical facts in layman’s terms. Law firms must have a wide network of resources that includes expert witnesses, and when you choose The Brothers Law Firm, you will not only get a highly experienced medical malpractice attorney in Richmond, TX, but you will also have access to these crucial resources.
In a medical malpractice case, experts can be helpful in defining the appropriate standards of care. They will then clearly show how the defendant’s actions fell short of that standard of care, and connect the dots for the jury by showing how the defendant’s negligence caused your injury. In situations where a medical professional’s conduct was clearly egregious, the jury may be able to understand this without an expert witness. In most cases, however, having an expert witness for your medical malpractice case is a critical part of your case.
What Damages Can I Expect from My Richmond, TX Medical Malpractice Case?
The specific damages you will be entitled to will depend on the facts and circumstances of your injury. Generally speaking, most plaintiffs in medical malpractice cases are entitled to:
- Economic damages—Economic damages are those that have a specific financial amount attached to them. Medical expenses are economic damages, and this includes all medical expenses (past, current, and future) associated with your medical malpractice injury. Economic damages also include lost wages due to your inability to return to work because of your injuries, and future lost wages if your injuries will prevent you from returning to work for a significant amount of time.
- Non-economic damages fall under “pain and suffering.” Pain and suffering can include actual physical pain as well as emotional pain and trauma. The state of Texas has capped pain and suffering damages at $250,000 for a medical provider and $500,000 for a medical facility.
How Can a Knowledgeable Medical Malpractice Attorney in Richmond, TX from the Brothers Law Firm Help Me?
Choosing The Brothers Law Firm is one of the best, most positive steps you can take when you have been injured by the negligence of a medical professional. Attorney John Brothers works hard for every single client to achieve the best possible result and better their lives. For more than a decade, John Brothers has handled hundreds of catastrophic medical malpractice cases, recovering millions of dollars for victims and their families.
John is a champion for those who need it the most and is widely trusted by clients for his small-town values, plain-spoken honesty, experience, compassion, and skill. Johns is also recognized by his peers for his professionalism and success in complex medical malpractice lawsuits. Contact The Brothers Law Firm today to arrange a free initial consultation to discuss the facts of your medical malpractice claim and have your questions answered.