Have you suffered an injury due to improper medical care in Clear Lake, TX? You could have a medical malpractice claim against your doctor or hospital. They may owe you significant compensation for your medical bills, lost wages, and pain & suffering.
Medical malpractice claims are complex and notoriously difficult to prove. However, the team at Attorney Brian White Personal Injury Lawyers has over 45 years of combined experience protecting the rights of injury victims. We have recovered tens of millions of dollars in compensation for these victims, so we know what it takes to win complex personal injury cases.
Call 936-508-2854 or contact us today for a free consultation with a Clear Lake medical malpractice lawyer and let us get started helping you.
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How Attorney Brian White Personal Injury Lawyers Can Help After a Medical Error in Clear Lake
If you have suffered injuries from a medical error, the Clear Lake personal injury attorneys at Attorney Brian White Personal Injury Lawyers can help you by:
- Investigating your situation to determine exactly what happened
- Working with medical experts who can help bolster your claim
- Gathering evidence to help prove your case
- Handling all communications with the hospital and opposing counsel
- Calculating the proper value of your medical malpractice claim
- Negotiating a settlement that fully compensates you for your damages
- Filing a medical malpractice lawsuit and taking your case to trial
The aftermath of a medical malpractice incident in Clear Lake, Texas can be devastating. When you seek medical treatment, you expect to receive quality care and start to get better. However, medical malpractice can make things even worse. We are here to assist you.
Our attorneys have been recognized by The National Trial Lawyers, the Multi-Million Dollar Advocates Forum, and other prestigious legal organizations.
Contact us today to schedule a free consultation with a Clear Lake medical malpractice attorney.
How Common Are Medical Malpractice Claims in Texas?
Most people expect to receive quality care when they visit a doctor or hospital. However, incidents of medical malpractice happen much more frequently than many realize. In 2022, Texas ranked second in the nation for medical malpractice claims filed—with over 3,500 claims. That year, the average settlement payout was $252,800.
Texas Medical Malpractice Laws
Each state sets some of its own rules concerning how and when a medical malpractice claim may be filed. According to Texas law, a claim may be filed for “treatment, lack of treatment, or other claimed departure from accepted standards of medical care.” Claimants must also prove that their injuries resulted from the negligence of the health care provider or institution.
The victim must give the defendant 60 days written notice before filing a lawsuit. Additionally, they must provide the defendant with an expert report supporting the claim no later than 120 days after filing the lawsuit. Failure to deliver this expert report can result in the case being dismissed.
What Are the Most Common Causes of Medical Malpractice in Texas?
Medical malpractice claims can arise for a number of different reasons. Some of the most common causes of malpractice claims include:
- Misdiagnosis
- Failure to treat
- Leaving medical instruments inside the victim during surgery
- Anesthesia errors
- Birth injuries
- Infections acquired during a hospital stay
Malpractice may occur during treatment or even because of a lack of treatment.
What Compensation Can I Receive From My Medical Malpractice Claim?
Victims of medical malpractice in Texas are generally entitled to two types of damages: economic damages and non-economic damages. Economic damages compensate victims for their financial losses, while non-economic damages compensate victims for their physical and emotional trauma.
Some common types of compensation available in these cases include:
- Lost wages
- Previous medical expenses
- The cost of future medical care incurred because of the accident
- Pain and suffering
- Emotional distress
- Loss of consortium
Keep in mind that Texas places a cap on the non-economic damages that may be recovered in a medical malpractice claim. Victims may recover no more than $250,000 in non-economic damages from a single provider or health care institution. The total cap is increased to $500,000 if multiple providers are involved.
What Is the Statute of Limitations for Filing a Medical Malpractice Lawsuit in Texas?
Victims typically have two years to file a lawsuit after they became aware or should have been aware of the malpractice. Failure to file a lawsuit within this timeframe can bar a victim from recovering any compensation for their damages.
However, Texas law also imposes a statute of repose: no medical malpractice claim can be filed more than 10 years after the date of the negligent act, regardless of when the injury was discovered.
Determining the specific day that malpractice should have been discovered can be challenging. This is why it is best to consult with an experienced medical malpractice lawyer who can help you get the compensation you are owed.
Schedule a Free Consultation With Our Clear Lake Medical Malpractice Lawyers
Have you been injured by the negligent actions of a doctor or hospital in Clear Lake, Texas? Contact the experienced team at Attorney Brian White Personal Injury Lawyers today. Let us help you hold the responsible parties accountable and fight for the compensation you deserve.
Call us now to schedule a free consultation with a Clear Lake medical malpractice attorney.
