Baytown Medical Malpractice Lawyer

SKILLED, EXPERIENCED, AND AGGRESSIVE BAYTOWN MEDICAL MALPRACTICE LAWYERS

Are You a Victim of Medical Malpractice? Don’t Sleep on Your Rights.

When you go to the hospital or other medical facility, you expect the doctor or other healthcare professional to provide you with the best care. However, this does not always happen, as doctors, other healthcare professionals, and facilities sometimes deviate from the standard of care. When this happens, a medical malpractice claim can arise.

Medical malpractice claims are complex and require an in-depth understanding of the applicable laws to succeed. If you lack this, you might do more harm than good to your case as the doctor can claim they provided the appropriate standard of care and there was no deviation. Therefore, rather than handle your claim yourself, call our experienced attorneys at Terry Bryant Accident & Injury Law.

At Terry Bryant Accident & Injury Law, our Baytown medical malpractice lawyer has spent decades representing victims of medical malpractice. These years of service have helped us develop skills and give us an in-depth understanding of the applicable laws. We know how to build strong cases for our clients and will pursue the medical professional or facility that harmed you.

Our initial consultations are free. During the case review, we will listen attentively to you, provide case evaluation and guidance, and discuss how your case will progress. Call us now at (713) 973-8888 to schedule a free and confidential consultation and get started on your claim.

Why Choose Our Baytown Medical Malpractice Attorney?

Choosing the right law firm is crucial to seeking fair compensation for medical malpractice. At Terry Bryant Accident & Injury Law, we do all we can to provide our clients with excellent representation. We understand how difficult this time is for you, so while you focus on healing, we will aggressively go after the medical practitioner who harmed you.

Our attorneys have successfully represented medical malpractice victims for many years, and our track record shows our hard work and commitment to every case. We will provide you with the staff and resources needed to succeed. Our online positive ratings are 98%, and our client testimonials reflect to our winning ways.

We are always available 24/7 to attend to emergencies and will guide you in making the best decisions for your case. Time is of the essence so waste no time contacting us now at (713) 973-8888 for a free and confidential consultation.

We recover significant compensation for our clients and have secured over a billion dollars in settlements and verdicts since 1985. 

Types of Medical Malpractice Claims We Handle

The medical malpractice claims we handle in Baytown arise from different acts of negligence or misconduct by healthcare providers. They include the following:

Misdiagnosis or Delayed Diagnosis

A misdiagnosis or delayed diagnosis occurs when a healthcare provider fails to diagnose or delays the diagnosis of a severe illness or condition, leading to worsening health or death.  According to a report, medical providers are likely to misdiagnose medical conditions 11% of the time, with 795,000 Americans dying or becoming permanently disabled yearly from misdiagnosis. Common illnesses that are often misdiagnosed are cancer, heart attacks, or strokes.

Surgical Errors

Even well-trained surgeons make mistakes. Claims arise from surgical errors when a surgeon:

• Operates on the wrong body part
• Leaves surgical instruments inside the patient
• Performs the wrong procedure
• Provides inadequate post-operative care.

Surgical errors are more common than is acceptable, with more than 4,000 cases yearly in the United States.

Medication Errors

A medication error occurs when doctors prescribe the wrong medication, administer incorrect dosage, or fail to account for harmful drug interactions. These mistakes can cause severe complications and, sometimes, death.

Anesthesia Errors

This involves mistakes in administering anesthesia, which can cause severe injury or death. Examples include giving too much anesthesia, failing to monitor the patient’s vital signs, or neglecting to consider a patient’s medical history.

Birth Injury

A birth injury is any harm to the baby or mother during childbirth. It results from negligent prenatal care, improper use of birth-assisting tools (like forceps or vacuum extractors), or failure to recognize fetal distress. Common examples of birth injuries are Erb’s palsy, brain damage, and cerebral palsy.

Defective Medical Devices

Sometimes, medical providers use defective medical devices like pacemakers, implants, and surgical tools. When this happens, the doctor and the manufacturer might be liable for a medical malpractice claim.

In addition to the above, we also handle medical malpractice claims arising from failure to treat, hospital negligence, infections, sepsis, and informed consent violations. Irrespective of what led to the harm you suffered, our Baytown medical malpractice lawyers can help you hold the responsible party accountable.

Who Is Liable for Medical Malpractice in Baytown, Texas?

When seeking compensation for medical malpractice, several parties might be liable and share the fault for the harm you suffered. The defendant can be one or more of the following:

• Doctors: If doctors fail to provide care that aligns with the standard of care expected in the medical community, they can be liable for malpractice. This is why doctors are the most common defendants in medical malpractice cases.
• Hospitals and Clinics: Under the vicarious liability doctrine, a hospital or clinic can be held responsible for the negligence of its employees (such as nurses, lab technicians, or administrative staff).
• Nurses and Support Staff: When nurses, physician assistants, and other support staff fail to administer correct medication, follow doctor’s orders, or neglect patient care, they can face a medical malpractice claim.
• Pharmacists: A pharmacist might face a medical malpractice claim if they incorrectly fill a prescription, dispense the wrong medication, or fail to recognize potentially dangerous drug interactions.
• Medical Device Manufacturers: A manufacturer can be liable under product liability laws if a defective medical device caused a patient’s injury.
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Specialists like anesthesiologists and radiologists, medical laboratories, and healthcare corporations can also be responsible for medical malpractice. We will help you identify all liable parties and hold them accountable.

At Terry Bryant Accident & Injury Law, we have access to the experts and resources needed to establish how a medical provider deviated from the accepted standard of care, causing you injury.

How We Prove Liability in a Medical Malpractice Case

In proving liability, we will establish the following:

Doctor-Patient Relationship

A doctor-patient relationship is a fiduciary relationship that involves mutual consent and is built on trust. We will show you had this with the defendant using appointment information and medical records. Establishing a doctor-patient relationship is essential, because you cannot have a valid claim against someone who was never your attending physician.

Duty of Care

The doctor, other healthcare provider, or facility owes you a duty of care. This involves upholding the acceptable standard of care and providing the treatment a healthcare provider of similar training, qualifications, and experience would have provided in the same circumstances.

Breach

Medical providers breach their duty of care by deviating from the acceptable standard through actions or omissions. We will use expert testimony to show how the defendant deviated from what a medical provider with similar training, qualifications, and experience would have done.

Causation

This involves showing how the breach caused you harm. It is the most challenging element to prove, as it requires demonstrating that the medical provider directly caused your injury and that it was not caused by an underlying medical condition or other conditions unrelated to the doctor’s actions.

Expert testimony is also needed to prove causation. Texas law mandates that plaintiffs submit an expert report from a qualified healthcare provider. The expert will explain how the defendant deviated from the standard of care and how that action caused harm. Without a qualified expert report, the case can be dismissed.

Damages

You must have suffered damages to receive financial compensation. Damages include the harm or injury sustained, the economic losses incurred, and how the injury impacted your life and mental well-being.

Recoverable Compensation in a Medical Malpractice Claim

If your medical malpractice case succeeds, you will get economic and non-economic damages, including the following:

• Medical expenses (past, current, and future)
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Mental anguish
• Disfigurement
• Physical impairment
• Loss of consortium
• Loss of household services.

Texas places a cap of $250,000 on non-economic damages for individuals and $500,000 for hospitals and other healthcare facilities. In cases of gross negligence, you may receive punitive damages if your case goes to trial and you win.

We have a handpicked team of lawyers and support staff who use their experience every day to help clients like you.

Baytown Medical Malpractice Lawyer FAQs

Dealing with a medical malpractice case can be stressful and leave you with several questions. We will always try to answer your questions, and we’ve responded to some here.

How Much Is My Medical Malpractice Case Worth?

The value of your medical malpractice case depends on factors like the severity of your injury, medical expenses, lost wages, and pain and suffering. We can help estimate the potential compensation based on your case’s facts.

How Long Does a Medical Malpractice Lawsuit Take?

A medical malpractice case can take several months to years, depending on its complexity, the extent of injuries, and whether a settlement is reached or the case goes to trial. If you go to trial, the court’s schedule will also affect the timeline.

Can I Sue for Medical Malpractice if the Doctor Is an Independent Contractor?

Yes. Even if the doctor is an independent contractor, they can still be liable for malpractice. However, whether the hospital is also liable will depend on the specific circumstances of your case and their relationship with the doctor.

What Is the Statute of Limitations for Medical Malpractice Claims in Texas?

Under the Texas statute of limitations, you typically have two years from the injury date or the date the injury was discovered to file a medical malpractice lawsuit. (*However, always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) Once the time elapses, you will be statute-barred from seeking compensation.

How Our Attorneys Can Help You

If you retain our services, we will review the details of your case, including your medical records, to determine whether you have a viable claim for medical malpractice and assess whether the healthcare provider breached the standard of care. We will gather evidence, hire medical experts, and ensure your case meets all the legal requirements to avoid dismissal.

In addition, we will handle the filing of legal documents and negotiate with insurance companies and healthcare providers to seek fair compensation. If a settlement does not work, we will represent you in court, advocating for you, before a judge and jury. We will protect your rights throughout the process so you can focus on your recovery.

Get the Help You Need From Our Medical Malpractice Lawyers in Baytown

If you or a loved one suffered injuries in a medical malpractice case, our Terry Bryant Accident & Injury Law team can help you seek compensation. We work on a contingency fee basis, meaning you only pay if you secure a favorable outcome. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.