Pasadena Medical Malpractice Lawyer

Turing to a medical professional for help, and then finding that their treatment harmed you, is a devastating experience.

When a medical professional provides substandard care, you might have a case for compensation. If you can prove their failure to uphold reasonable professional standards led to an injury or condition that harmed you, they could be liable under medical malpractice laws.

Consult a Pasadena medical malpractice lawyer when you believe your healthcare provider gave you poor care. A local personal injury attorney could review your medical records and let you know whether you have a case for compensation. If so, they could pursue the doctor in court to ensure you receive justice for the harm they caused.

Determining Whether Malpractice Occurred

Medical malpractice occurs when a medical professional does not apply the knowledge, skill, and judgment that a similarly credentialed practitioner would have in similar circumstances. Medical malpractice can arise in many contexts, including:

• Neglecting to order necessary tests
• Not following up on test results
• Prescribing a contraindicated or ineffective medication or treatment
• Not making a timely referral to a specialist
• Administering the wrong dose of medication
• Making mistakes during delivery that led to birth injuries to the mother, child, or both
• Performing the wrong operation or operating on the wrong body part
• Failing to diagnose cancer, heart attack, stroke, or another serious condition

Other examples of medical malpractice could include failing to take and consider a detailed medical history, providing unnecessary treatment, or neglecting to discuss a full range of treatment options, including their risks and benefits, with the patient.

Expert Review

Determining whether a poor outcome was the result of medical malpractice requires an expert’s evaluation. A Pasadena attorney has a network of highly credentialed medical professionals in a range of specialties who can review a medical record and provide an opinion about whether malpractice occurred. If so, it might be enough to initiate a malpractice case.

Procedure for Bringing a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complicated because there are several steps an injured patient must take that are not necessary in other types of injury claims. The first procedural difference is that a plaintiff in a medical malpractice lawsuit must file a Notice of Claim with all the healthcare providers they intend to sue at least 60 days before filing the lawsuit. This letter informs the defendant that the plaintiff intends to pursue a claim in court.

After 60 days have passed, a Pasadena attorney could file the court papers initiating the malpractice lawsuit. The defendants have 30 days to file an answer with their responses to the plaintiff’s claims. Within 120 days of receiving the defendants’ answers, Texas Civil Practice and Remedies Code §74.351 requires the plaintiff to file one or more detailed medical expert reports describing the medical negligence and the impact it had on the plaintiff.

Both sides exchange information and evidence, conduct depositions of the parties and others, and a Pasadena medical error attorney uses the information gathered to prepare their cases. Negotiations usually go on throughout this process and the judge will order the parties to mediation before scheduling a trial. Most cases settle before a trial, and that result is usually advantageous for the plaintiff. Settling for a reasonable amount avoids the delays, expense, stress, and uncertain outcome of a trial.

Damage Caps in Medical Malpractice Cases

A plaintiff who proves medical negligence is entitled to full reimbursement for their economic losses. A Pasadena attorney could work with the plaintiff to compile evidence of their economic damages. These include:

• Hospital, doctor, pharmacy, and rehabilitation expenses
• Diminished income due to lost time at work and missed earning opportunities
• Estimated cost of ongoing and future medical care necessary because of the malpractice
• Reduced earning capacity if the malpractice prevents the plaintiff from resuming their employment
• Home renovations necessary to accommodate an illness or injury resulting from the malpractice

A negligent healthcare provider also could be liable to pay a plaintiff’s incidental expenses and the cost of hiring someone to perform the household services the plaintiff can no longer provide.

A plaintiff is also entitled to non-economic damages. These compensate for the emotional turmoil, physical pain, and other impacts that negatively affect the plaintiff’s quality of life. Texas law restricts the amount of non-economic damages a plaintiff could receive in a medical malpractice case to a maximum of $250,000 against a single defendant and a maximum of $500,000 in a case with multiple defendants.

Consult a Pasadena Attorney About Medical Negligence Claims Today

Medical malpractice cases can be complex. A legal professional must have access to qualified medical experts, a thorough knowledge of the special procedural requirements of these cases, and excellent negotiating skills.

A Pasadena medical malpractice lawyer represents people who have been harmed by negligent healthcare providers. Call us today to learn how we can help in your pursuit of justice.