Houston Medical Malpractice Attorneys
Pursue Fair Compensation Today - Serving Clients Across the U.S.
At Webster Vicknair MacLeod, we are committed to getting our clients the compensation they deserve for any kind of injury. Our medical malpractice attorneys pursue justice with compassion for individuals who have been hurt through no fault of their own. If you have been injured due to the negligence of a medical professional in Houston, please contact our firm to learn how we can help you.
Medical malpractice claims that we accept include:
Grounds for Malpractice Claims in the U.S.
In the US more than 200,000 people die each year due to medical malpractice, yet many cases go unnoticed or unreported. In some cases, malpractice is not evident until it has already caused significant harm to the victim. If you suspect that you have grounds to file a claim in Houston, you should contact a malpractice lawyer as soon as possible.
Malpractice claims can be filed on account off the following:
- Unnecessary surgery
- Medication errors
- Other hospital errors
- Adverse effects from medications
- Incorrect prescriptions
Even with so many medical injuries caused each year, only a fraction of those victims or their families file a lawsuit to receive compensation. When you need to file a medical malpractice suit, Webster Vicknair MacLeod is prepared to work on your behalf.
Basic Requirements for a Medical Malpractice Claim
There are certain requirements that every claimant must meet in order to be eligible to file a medical malpractice case. To meet these requirements, you must be able to prove that:
- The medical practitioner was negligent
- This negligence directly caused an injury
- The injury resulted in specific damages
- A medical practitioner-patient relationship existed
Generally speaking, all medical professionals are expected to withhold a “duty of care” to their patients. That is, medical professionals are required to make the best possible decisions in a given scenario. This doesn’t mean that every undesirable outcome is malpractice, as long as the actions of a medical professional were something a reasonable and prudent medical professional would also do in the same situation, they withhold this duty of care.
Laws Regarding Medical Malpractice Claims in Texas
If you are a victim of medical malpractice and are seeking to file a claim, you should first be aware of the law regarding such lawsuits.
Texas state law enforces the following in regards to medical malpractice cases:
- $250,000 cap on non-economic damages
- Statute of limitations of two years from original injury date
- Only 120 days to provide an "expert report" against involved parties
- Expert testimony is necessary to establish a case
There are two exceptions where an individual will have longer than two years to file a medical malpractice claim. The first is if the injury victim was under the age of twelve. In this case, they have until the age of fourteen to file a claim. The second exception is if an injury was a result of ongoing treatment. The two-year clock would start at the end of treatment. For all cases Texas imposes a statute of repose of ten years, this means you only have ten years to file a suit no matter what exceptions you qualify for.
It is also important to note that if you are judged to be more than 50% responsible for your injury, you will not receive any compensation. This means that you can only receive a proportional amount if your responsibility of 50% or less.
What Damages Are Available in a Medical Malpractice Case?
The types of damages an injury victim can pursue compensation for can be broken up into three main categories: special, general, and punitive. Special damages compensate for financial losses associated with an injury such as medical bills, future medical expenses and the inability to work due to an injury. Given the fact that special damages focus on financial hardship, they are also called economic damages.
General damages compensation for the more abstract losses a victim of medical malpractice suffers such as mental anguish, emotional distress and pain, and suffering. Unlike special damages, general damages are more difficult to quantify and are often referred to as non-economic damages. The state of Texas does place a cap, or limit, on non-economic damages.
Punitive damages differ from the first two in that their main purpose is to punish the negligent party as opposed to compensating the injured party for a specific loss. Since punitive damages can be quite severe, they are reserved for cases where the defendant knew their actions would most likely cause harm but proceeded to do them anyway. As such, these types of damages are not often awarded.
You Deserve Skilled Representation
With a knowledgeable and aggressive legal team behind you, it may be possible for you to receive damages for your suffering. At Webster Vicknair MacLeod, our Houston medical malpractice lawyers have worked to get compensation for our clients who have suffered all manner of injuries.
Call us today and we can go over your case with you. We serve clients nationwide.