Doctors are charged to “first do no harm,” spending years studying and training to learn how to treat and heal the human body. Most doctors, nurses, and other healthcare professionals are dedicated to their profession, yet they are also human—and humans make mistakes and errors in judgment. When such a mistake is made in medicine, there can be tragic consequences. In fact, a 2016 John Hopkins University study concluded that medical errors kill as many as a quarter of a million Americans each year. This makes medical errors the third-largest cause of death in the United States, behind only heart disease and cancer. When the appropriate standard of care is not followed by healthcare professionals, harm can result, and that harm may rise to the level of medical malpractice.
Based out of Houston, Texas, The Brothers Law Firm is fiercely committed to those who have had their lives shattered by medical malpractice. Texas medical malpractice claims are complex, requiring in-depth knowledge of the unique laws that govern the claims as well as focus, experience, and resources We are aggressive litigators and skilled negotiators; recovering compensation for these medical mistakes requires a level of courtroom skill and acumen, which comes from years of experience.
John Brothers, the founder of The Brothers Law Firm, began focusing on medical malpractice while still in law school. Since that time, John has amassed an impressive record of success, recovering millions of dollars in compensation and improving the lives of victims and their families. The firm’s broad experience with medical malpractice has earned a reputation as a leader in this complex area of Texas law. The Brothers Law Firm is allied with teams of medical experts and other professionals who provide critical insights; we work with these experts to craft the strongest case for the right outcome.
Any time a licensed healthcare professional deviates from accepted medical practices, and that deviation results in the injury or death of a patient, medical malpractice could have occurred. Medical malpractice usually involves a medical error; this error could be an error in general health management, aftercare, treatment, diagnosis. Often, medical malpractice is the result of inaction—that is, a diagnosis was not properly made in a timely manner, allowing the illness or disease to progress to a much more severe level. It is important to note that not every poor medical outcome is the result of medical malpractice and that certain elements must be present to rise to the level of malpractice. The elements which must be proven for a medical malpractice lawsuit to be successful include:
While medical malpractice includes any negligence by a licensed healthcare while providing healthcare, there are some broad categories of medical malpractice that are more common than others. These include the following:
The time in which you have to bring a medical malpractice claim, or “statute of limitations,” is generally two years from the date the negligent act or omission occurred. However, there are exceptions to the general rule, including the following:
A determination of the applicable statute of limitation should be made by an experienced medical malpractice attorney after a review of the pertinent facts. In addition, there are other deadlines that may apply. This includes a ten-year “statute of repose” as well as a requirement that when a government entity is involved, notice of the claim is provided, sometimes as early as 90 days from the date of negligence. In addition, investigating medical malpractice cases takes more time than other cases and Texas law requires service of a written expert report shortly after filing suit. Therefore, if you believe you or a loved one has been injured by medical malpractice, it is critically important that you contact an attorney as soon as possible.
If it involves medical malpractice, chances are we have seen it before. Attorney John Brothers has worked on thousands of medical malpractice cases involving almost every type of healthcare professional. While the most common cases are against doctors and hospitals (as a result of the negligence of the non-physician staff who work there), we also handle cases against dentists, chiropractors, podiatrists, medical transportation companies, rehabilitation hospitals, long term acute care facilities, assisted living facilities, nursing homes, free-standing emergency rooms and urgent care clinics, radiology centers, and home health agencies among others.
If you believe you have been injured as the result of medical malpractice, it is extremely important that you speak to a Texas medical malpractice attorney from The Brothers Law Firm. When the trust placed in a physician or other medical professional has been broken, you can trust John Brothers and The Brothers Law Firm to help you recover compensation for your damages. While money will not change what happened, financial resources can go a long way toward helping you and your family move forward. It also can serve as a significant deterrent in preventing the same mistakes from happening again. We are uncompromising in our efforts to better the lives of our clients; to arrange for a free initial consultation to discuss your medical malpractice claim or concerns, contact The Brothers Law Firm at (281) 491-3635.