We have Experienced Medical Malpractice Attorneys
Our Houston, Texas based firm has the resources and experience needed to prosecuted your case successfully and efficiently.
What is Medical Malpractice?
When someone goes to the local clinic or hospital, they expect the doctors, nurses, and other medical professionals to properly diagnose their illnesses, correctly perform medical procedures and provide careful treatment when they are sick or injured. In most cases, this happens. However, sometimes mistakes can be made that may lead to dire consequences. This can take the form of catastrophic injuries, irreparable harm, and needless suffering.
When this happens, you need battle tested lawyers to fight on your behalf. Not only do we represent clients in the state of Texas, but in fact, many of our medical malpractice clients are from all over the United States. Hospitals, doctors, nurses, and insurance companies have a wide range of resources at their disposal (like experienced defense lawyers) to avoid injury claims. Fortunately, we have experienced lawyers of our own to fight the obstacles they may create. Medical Malpractice cases can be difficult to prosecute, as having in-depth medical knowledge and knowledge of best practices are required. This is why we consult with medical experts to boost our efforts. Whether you live in Houston, Texas, or any other state in the United States, you need an experienced team of lawyers to help you win your case.
Like with many other personal injury cases, clients of Fleming Nolen and Jez do not have to pay up-front for our services. This would include not having to pay for the expenses involved in researching the case, preparing/filing the case, or hiring experts to help with your case. In short, we don’t get paid until you get paid. We work on a contingency basis, so you can rest and focus on getting better.
A Medical Professional's Duty of Care
Medical professionals, regardless of their position, owe a “Duty of Care” to their patients. In the legal space, this means that they have a legal obligation to hold a standard of reasonable care while performing any acts that could foreseeably harm others. They are supposed to protect an individual from an “unreasonable” risk. When a doctor advices you to get an operation that you do not need (like with our PFO clients we represented), that doctor is breaking the obligation of giving reasonable care and is now engaging in negligence.
Damages Under a Medical Malpractice Claim
Every medical malpractice case is different, but most viable cases typically contain the following:
- Standard of Care Violation – There are certain medical standards that are recognized as being acceptable medical treatment by reasonably health care professionals under like or similar circumstances. This is known as the “standard of care”. Patients have the right to expect their doctors, nurses, or other health care professionals to deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
- Negligence Causing Injury – Unfortunately, it’s not enough for there to just be a violation of stand of care. The patient must also prove it was negligence that was the cause of the injury, and without it, the injury would not have occurred. An unfavorable outcome by itself is not malpractice. If there is an injury and the cause was not negligence, there is no viable medical malpractice case.
- Significant Damages Occurred– Medical malpractice lawsuits require a lot of resources to litigate and frequently require hours of deposition testimony, as well as testimonies from many medical experts. Patients must show that significant damages were received because of medical negligence. If the damages are minor, the cost of pursuing the case might be greater than the eventual recovery reward. In a viable medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
Medical Malpractice Examples
Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or surgery performed at the wrong location
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
Statute of Limitations
In the state of Texas, the statute of limitations for a medical malpractice injury claim is two years from the date the malpractice occurred. This means that a medical malpractice suit must be filed no later than two years after the negligent act, or it is barred by the statute of limitations and cannot be brought to court. If an exact date cannot be determined, then the limit is based on the end of treatment or hospitalization. In the beginning process of taking on a case, an attorney typically needs a minimum of 3 months to fully research and prepare the case for filing. This means the injured party has 18 – 21 months AFTER the incident occurred to start the claim process with an attorney. There are many other statute of limitation laws to consider. Our experienced legal team can answer any questions you may have on this matter.
Do You Have a Potential Case or Question?
If you or loved one have been the victim of medical malpractice in Houston, Texas, or another state within the United States, you may be able to obtain compensation for your losses and suffering. While nothing can make up for a serious medical injury or the wrongful death of a loved one, the compensation you may receive can help you deal with the tragedy and have some support to move forward with your life. Our attorneys at Fleming, Nolen and Jez will be there for you each step in the process. Contact us today to speak with one of our specialists to review your case information.