Austin Medical Malpractice Lawyer

Austin Medical Malpractice Attorney

Holding The Medical Community Accountable

Medical malpractice occurs when a medical professional’s negligence or misconduct results in harm to their patient. While medicine can be uncertain in many ways, it’s possible for a patient to be left with life-changing effects. If this has happened to you or a family member at the St. David’s Medical Center, the Heart Hospital of Austin, or any other medical care center in the area, you need to speak with an Austin medical malpractice lawyer right away.

Whether going to your family doctor for a normal checkup, getting an MRI, or having a scheduled surgery, on average you will get the care you need. Overall, doctors do an excellent job of helping to keep up healthy and safe. Unfortunately, doctors can and do make mistakes, and these mistakes can lead to life-altering problems or even death. When a doctor makes a mistake that they shouldn’t have, it is known as medical malpractice. You’ll need a medical malpractice lawyer in Austin like The Sharp Firm.

Medical errors are the third leading cause of death in the U.S. after heart disease and cancer, causing over 250,000 deaths every year. When medical malpractice occurs, the victim or their loved ones are entitled to just compensation. This compensation is there to help cover medical expenses, funeral expenses, lost wages, pain and suffering, and many other things that one might lose as a result of this type of event. In Texas, it is important to seek legal representation as soon as practical. Texas laws have many roadblocks set up in favor of the healthcare provider. A potential case can take a long time to work up before presenting a demand or filing a lawsuit.

Here at The Sharp Firm, we investigate every case of medical malpractice that we take on to determine exactly what happened. This is important as it allows us to put together the strongest possible arguments, and secure our clients the best possible results.

Building a Medical Malpractice Case in Austin

In 2022, Texas ranked second in the United States for the number of medical malpractice claims filed statewide, with more than 3,500. According to data from the American Medical Association, as of 2022, about 31% of practicing physicians have been sued at some point in their careers. Medical malpractice cases arise whenever medical professionals, such as doctors, nurses, or surgeons, cause harm to their patients through negligence.

To succeed with a medical malpractice case, the plaintiff must prove that the defendant’s negligence directly caused their damages and that the defendant failed to meet the standard of care required in the situation. Expert witness testimony from another medical professional may also be necessary; a medical professional with similar qualifications to the defendant can explain how they violated the standard of care.

Advance notice of the suit must be sent to the defendant, providing an opportunity for settlement negotiation. The process of building your case may seem straightforward at first, but the reality is that these cases are inherently difficult, and you need experienced legal counsel on your side to have the greatest chance of success.

Some of the most commonly cited forms of medical malpractice in Texas include:

• Misdiagnosis. Failure to accurately diagnose a patient or provide a correct diagnosis within a reasonable time could qualify as medical malpractice if the misdiagnosis occurred because of negligence. For example, failure to follow a proper differential diagnosis procedure can qualify as negligence and lead to adverse effects on the patient.
• Medication errors. Prescribing doctors must ensure they provide accurate prescriptions for the right medications and the right dosages, accounting for patient allergies, sensitivities, and potential interactions with other substances. Pharmacists must fill prescriptions accurately and provide instructions for the proper use of medications.
• Surgical errors. Mistakes during surgery can be incredibly damaging. It’s possible for a medical malpractice case to arise if a surgeon performs a procedure incorrectly, attempts a procedure for which they do not possess the necessary training, or leaves surgical tools or other materials inside of the patient’s body.
• Birth injuries. Negligence of any kind before or during childbirth can potentially cause life-changing damage to the patient. Improper use of surgical tools, failure to determine when a C-section is necessary, or failure to monitor for signs of fetal distress can all potentially lead to birth injury claims.

These are just a few examples of the types of medical malpractice cases filed in Texas each year. If you are unsure whether a recent experience qualifies as grounds to file a medical malpractice suit, you should speak with an attorney right away. The team at The Sharp Firm can listen to your story, determine whether you have grounds to file a medical malpractice suit, and explain the steps you must take to file your case successfully.

Settling Medical Malpractice Cases

Many people don’t realize it, but most instances of medical malpractice never actually make it to court. This is because the insurance companies that represent doctors, hospitals, and other medical professionals typically want to settle outside of court. This can work to the advantage of the victim as well because it can get them a guaranteed amount of money, without having to go through a long and drawn out legal battle.

Have You Been Approached with a Settlement?

If you or a loved one is a victim of medical malpractice, you may have gotten a call or a visit from an attorney or another representative from an insurance company or the hospital. They often try to offer you a settlement right away. DO NOT ACCEPT. These individuals are trying to settle for far less than you would be able to get if you had an attorney fighting on your behalf. If you get an offer, make sure you bring it to us to review. We will make sure you get everything you are entitled to in a settlement, and if necessary, take your case to court to ensure you get what you deserve.

It’s possible to recover substantial compensation for the economic and non-economic damages you and your family suffered because of medical malpractice. The Sharp Firm approaches every case we accept with the goal of fighting for maximum compensation for our clients. You have limited time to build your case, so reach out to our firm at your first opportunity to learn more about the ways in which we can help you pursue accountability.

FAQs

Q: How Do You Prove Medical Malpractice in Austin?

A: To prove medical malpractice in Austin, you must prove that the defendant was negligent in a way that caused harm. While it is possible for mistakes to happen in uncertain medical situations, mistakes from negligence are grounds for legal recourse. You should speak with an Austin medical malpractice lawyer as quickly as possible after the incident so they can determine what evidence and expert witness testimony you may need to make your case.

Q: What Are the Penalties for Medical Malpractice in Texas?

A: In Texas, penalties for medical malpractice can be assigned based on the severity of the defendant’s actions. They can be held liable for the plaintiff’s damages, but if their actions were particularly egregious, involved any illegal acts, or if they showed blatant disregard for the health and safety of their patient, they could face fines and, in extreme cases, loss of their medical license. Your attorney can explain how any such variables might influence your case.

Q: How Much Compensation Can I Receive for Medical Malpractice in Austin?

A: The amount of compensation you could receive for medical malpractice in Austin will depend on the severity of your damages. You have the right to claim full compensation for any economic losses the defendant inflicted, and you also have the right to seek pain and suffering compensation. However, Texas law does limit non-economic damages in medical malpractice cases to $250,000 per defendant to a maximum of $500,000.

Q: How Long Does It Take to Settle a Medical Malpractice Case?

A: The time required to settle a medical malpractice case will depend on the specific details of the case, whether the defendant accepts liability and agrees to negotiate a settlement, and whether the plaintiff has experienced legal representation on their side. It’s possible to resolve some medical malpractice cases relatively quickly, but other cases may need to be resolved through litigation. It can take several months to more than a year to resolve your case.

Q: Why Do I Need an Austin Medical Malpractice Lawyer?

A: You need an Austin medical malpractice lawyer because you are significantly more likely to succeed with this type of case than you would be if you tried to handle it alone. These cases are more complex than standard personal injury cases and involve specific laws. Hiring an experienced attorney can make it easier for you to build your case, and you will not only be more likely to win but also more likely to maximize your compensation.

Contact Us

If you believe you are a victim of medical malpractice, please contact us. We offer free consultations to all potential new clients and will be happy to investigate the facts surrounding your case. If it turns out that there was neglect on the part of a doctor or other medical professional, we’ll take on your case and fight aggressively for everything you are entitled to.