Medical errors, sometimes referred to as medical malpractice, can occur at many points during medical care. Mistakes may happen during diagnosis, treatment, medication administration, or record keeping. Nurses, doctors, and other healthcare providers all play roles in patient care, and errors at any stage can lead to serious harm.
If you believe you were injured due to medical negligence, Texas law allows you to pursue a claim in certain circumstances. Speaking with a qualified medical malpractice attorney can help you understand whether your situation meets the legal requirements to move forward.
Understanding Medical Negligence
A healthcare provider may be considered negligent when they fail to provide care that meets accepted medical standards. Not every poor outcome is malpractice. However, when substandard care causes injury, worsens a condition, or results in permanent harm, a legal claim may be possible.
Medical negligence can lead to significant physical, emotional, and financial consequences. Because of the complexity involved, potential errors should be reviewed carefully and promptly.
Possible Damages in a Medical Malpractice Case
If a medical malpractice claim is successful, compensation may include medical expenses related to corrective or future treatment, lost wages and loss of future earning capacity, and compensation for pain, suffering, or long term disability. Texas law places limits on certain types of damages, particularly non economic damages, which an attorney can explain in detail.
The Process of Filing a Medical Malpractice Lawsuit
Finding the Right Lawyer
Medical malpractice cases are complex and require attorneys with specific experience. When choosing a lawyer, look for someone who regularly handles malpractice claims, understands Texas procedural rules, and communicates clearly. After an initial consultation, the attorney will explain fee arrangements and provide a representation agreement for your review.
Investigation and Review of Medical Records
Your attorney will obtain and review medical records, billing statements, and related documentation. This review helps determine whether the standard of care may have been violated. This stage can take time, especially if treatment is ongoing.
Consulting Medical Experts
Texas law generally requires expert medical opinions in malpractice cases. Qualified medical experts review the records and provide opinions on whether negligence occurred and whether it caused the injury.
Demand and Litigation
Some cases resolve through settlement negotiations. If a settlement is not reached, a lawsuit may be filed. The case begins with a formal complaint and can take months or years to resolve, depending on complexity and court schedules.
What Is Required to File a Lawsuit
Doctor Patient Relationship
You must show that a healthcare provider agreed to treat you and that a professional relationship existed. The provider you are suing must have been directly involved in your care.
Proof of Negligence and Causation
You must show that the provider failed to meet the accepted standard of care and that this failure caused your injury. Dissatisfaction with treatment alone is not enough. Medical expert testimony is usually required to establish negligence and causation.
Types of Harm That May Support a Claim
- Serious or permanent injury
- Physical pain and suffering
- Additional medical expenses
- Lost income and reduced earning capacity
Why You Need a Medical Malpractice Attorney
Medical malpractice cases in Texas involve strict deadlines, procedural requirements, and expert evidence. Attorneys help manage communication with insurance companies, coordinate expert reviews, and ensure compliance with Texas law. These cases are also costly to pursue due to expert and investigation expenses, making experienced legal representation essential.
If you believe you were harmed by medical negligence and are unsure where to begin, contact the Lawyer Referral Service of Central Texas. We serve Austin and the surrounding Central Texas area and can help connect you with experienced medical malpractice attorneys who can guide you through this challenging process.
