When you entrust your health to a medical professional, you expect competent and compassionate care. Unfortunately, mistakes can happen, and when those mistakes result in serious injury, illness, or death, the consequences can be devastating. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or death to a patient.
If you or a loved one has suffered due to medical negligence, pursuing your legal claim can be overwhelming. A skilled medical malpractice lawyer can provide the support you need to seek justice and demand fair compensation for your losses. With help from a respected medical malpractice lawyer from Carew Garcia Bohuslav Law, PLLC, our team can help you assert your rights, find the right personal injury attorney, and learn more about what to expect during your case.
Advantages of Working With a Medical Malpractice Lawyer
Medical malpractice cases are notoriously complex. They require a deep understanding of not only healthcare and medicine but legal issues as well. Hiring an experienced medical malpractice attorney offers several benefits, such as:
- Access to legal professionals – We have access to medical experts who can review your case, provide testimony, and strengthen your claim.
- Case evaluation – Your lawyer can assess the details of your case to determine whether medical malpractice occurred and if legal action is warranted.
- Legal strategy – We can develop a strategic plan to pursue compensation for your medical expenses, lost wages, and emotional suffering.
- Negotiation skills – Insurance companies often try to minimize payouts. We can negotiate on your behalf to secure a fair settlement.
- Representation at trial – If your case goes to court, our team can advocate for your rights and present a compelling argument to the jury.
How to Find the Right Medical Malpractice Attorney
Choosing the right attorney is a critical step in pursuing a medical malpractice claim. Here are some key factors to consider:
Experience and Expertise
Look for an attorney with a proven track record in medical malpractice cases. Carew Garcia Bohuslav Law, PLLC has spent decades honing our skills in litigating medical malpractice claims. We have experience handling cases similar to yours, such as misdiagnoses, surgical errors, or birth injuries.
Client Reviews and Testimonials
Read online client reviews and ask for references from past clients. Positive feedback can provide insight into your prospective attorney’s professionalism, communication, and success rate.
Specialized Knowledge
Medical malpractice cases require a comprehensive understanding of both medical and legal regulations. Choose a representative who specializes in this area of law and has access to medical experts.
Free Consultations
Many reputable attorneys offer free consultations, allowing you to discuss your case and evaluate their approach before committing. Use this opportunity to ask about their experience, fees, and strategy for handling your claim.
Transparent Fee Structure
Medical malpractice attorneys typically work on a contingency fee basis, according to the Texas Disciplinary Rules of Professional Conduct Rule 1.04 Fees, meaning you only pay if they secure compensation for you. Be sure to discuss their fee structure and any additional costs upfront.
What to Expect During Your Medical Malpractice Case
Medical malpractice cases can be lengthy and complex. Understanding the process can help you prepare for what lies ahead:
Initial Consultation
Your case begins with a consultation, during which we will review the details of your claim, gather evidence, and determine if you have a valid case. If we decide to proceed, we will investigate your claim by gathering medical records, consulting with experts, and identifying evidence of negligence.
Pre-Litigation Process
Before filing a lawsuit, your attorney with Carew Garcia Bohuslav Law, PLLC may attempt to negotiate a settlement with the healthcare provider or their insurance company. Many cases are resolved during this stage.
Filing a Lawsuit
If a fair settlement cannot be reached, we will file a lawsuit and prepare for trial. This involves drafting legal documents, deposing witnesses, and building a strong case.
Trial or Settlement
During the trial, we will present evidence and call expert witnesses to testify on your behalf. Alternatively, settlement negotiations may continue throughout the process, potentially resolving the case without a verdict.
Common Types of Medical Malpractice
Medical malpractice can take many forms, each with devastating consequences. Some of the most common types of malpractice include:
- Anesthesia errors – Improper administration of anesthesia can lead to brain damage, paralysis, or death.
- Birth injuries – Negligence during labor and delivery can cause permanent injuries to the baby or mother.
- Hospital negligence – Substandard care, unsanitary conditions, or lack of proper supervision can contribute to patient harm.
- Medication errors – Prescribing the wrong medication or dosage can have life-threatening consequences.
- Misdiagnosis or delayed diagnosis – Failure to correctly diagnose a condition can lead to delayed or inappropriate treatment.
- Surgical errors – Mistakes during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient, can result in severe harm.
Texas Medical Malpractice FAQ
What is the statute of limitations for medical malpractice claims in Texas?
In Texas, you generally have two years from the date of the malpractice to file a claim per Tex. Civ. Pract. & Proc. Code § 16.003. However, exceptions may apply in certain cases, such as those involving injuries to minors.
How do I prove medical malpractice?
To prove malpractice, you must demonstrate that the healthcare provider failed to meet the accepted standard of care as described under Tex. Civ. Pract. & Rem. Code § 74.001, directly causing your injuries. Expert testimony is often required to establish negligence.
Can I sue a hospital for medical malpractice?
Yes, hospitals can be held liable for negligence if their staff, policies, or conditions contributed to your injuries.
What types of compensation can I recover?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. In some cases, punitive damages may also apply, according to Tex. Civ. Prac. & Rem. Code § 41.001.
Consult a Respected Medical Malpractice Attorney in Texas for Help Today
If you or a loved one has been harmed by medical negligence, you do not have to let your healthcare provider get away with it. A skilled medical malpractice attorney from Carew Garcia Bohuslav Law, PLLC can help you figure out how to maximize your compensation and make the liable party pay.
Our proven track record of advocating for victims of medical malpractice and achieving justice on their behalf makes us uniquely qualified to take on your medical malpractice case. Contact us to schedule a free consultation and discuss the value of your damages in detail. You can reach us by phone or through our online contact form to get started on your case as soon as today.