Serving Justice

Houston Medical Malpractice Lawyer

Every year throughout Texas and the United States, people suffer injuries at the hands of their healthcare providers. If your medical treatments fall below acceptable standards of care or a healthcare provider makes a preventable mistake while caring for you, call the Houston medical malpractice lawyers at Ramsey Law Group or contact us online. Ramsey Law Group holds medical providers across the country accountable for substandard medical care. Based in Houston, our personal injury law firm offers compassionate, empathetic representation to victims of medical malpractice.

Why Hire Our Houston Medical Malpractice Lawyers

At Ramsey Law Group, our medical malpractice attorneys provide:

  • Individual attention and access to accident-related services;
  • Legal advice backed by experience and proven success; and
  • The resources needed to fight large medical groups and their insurance companies.

Let our Texas Board Certified Super Lawyers at Ramsey Law Group review your medical malpractice claim. There is no charge for your initial consultation, and we only collect legal fees after we win your case. Ramsey Law Group will aggressively pursue a favorable settlement or verdict on your behalf and help ease the stress related to you or your loved one’s injury.

Medical Malpractice Resources

How Can a Houston Medical Malpractice Attorney Help?

Often victims of medical malpractice are unsure if their healthcare provider caused their injuries, and it is rare for a doctor, hospital, or another caregiver to openly admit fault. Medical providers may avoid or dismiss questions and concerns about medical treatment and related injuries. A Houston malpractice lawyer at Ramsey Law Group works with medical experts to analyze your medical records and determine the source of your injuries and all liable parties. Additionally, the medical malpractice attorneys at Ramsey Law Group will:

  • Handle all insurance company correspondence;
  • File a civil lawsuit on your behalf;
  • Hire needed experts;
  • Assess your medical, financial, and personal losses;
  • Value your claim;
  • Negotiate a fair and full settlement; or
  • Proceed with a trial.

Our Houston personal injury lawyers will stand beside you from the beginning to the end of your case to answer your legal questions and offer valuable advice. Ramsey Law Group cares about your recovery after a medical malpractice injury. We also want to prevent other patients from suffering similar injuries. Call our law firm today to learn more about our client services and how we evaluate a medical malpractice claim. It is vital to bring attention to careless medical providers and organizations that provide substandard care to their patients.
Houston medical malpractice attorney

How Much Does a Medical Malpractice Attorney Charge?

Many medical malpractice attorneys will take cases on a contingency basis, which means that if the case is successful, the attorney will keep a percentage of the settlement. Which is usually between 20 and 40 percent. You may be able to negotiate the fees on either a sliding scale or a tiered fee. A sliding scale, for example, could be 33 1/3% of a recovery up to $300,000, and 25% of a recovery from $300,000 up to $600,000, etc. A tiered fee increases the contingency percentage as your case progresses. For instance, 25% if your case settles, 33 1/3% if it goes to trial, 40% if you appeal. Additionally, you can demand that advanced expenses (e.g. medical bills, expert fees, court costs, etc.) be deducted from the settlement total prior to the attorney taking their agreed upon percentage.

Should I Speak to an Insurance Company About My Claim?

Medical malpractice cases are incredibly complex, so it is strongly recommended that you hire an experienced attorney before speaking to an insurance company on your own. The medical provider’s insurer may attempt to contact you once they are notified of the claim. If this happens, ask the representative to get in touch with your attorney. Do not speak about the case or agree to answer any questions. Insurance adjusters will twist your words and try to use them against you later on in the case. That is why it’s best to let an attorney who has successfully handled medical malpractice cases in the past.

Medical Malpractice Liability

Medical malpractice is a negligent act or omission by a hospital, doctor, or other health care professional that causes injury to a patient. Any health care professional or organization may be liable for medical malpractice, not just a family doctor or surgeon.

In Texas, any of the following may be liable for medical malpractice:

  • A doctor;
  • A registered nurse;
  • A dentist;
  • A podiatrist;
  • A chiropractor;
  • An optometrist;
  • A pharmacist;
  • A surgical center;
  • An assisted living center;
  • A nursing home;
  • An emergency medical care provider;
  • A home health agency;
  • Medical professionals;
  • A hospice;
  • A hospital;
  • A care center for the mentally disabled; and
  • An end-of-life renal disease facility.

Additionally, the following individuals may be liable for medical malpractice in Texas:

  • An officer, shareholder, partner, manager, owner, or affiliate of a health care provider;
  • An employee of a health care provider or physician; and
  • An independent contractor or agent of a health care provider or physician.

Common Medical Malpractice Claims in Houston

Medical malpractice may occur at any time during the treatment process and in any medical setting. The most common medical malpractice claims are misdiagnosis, birth injuries, medication errors, and surgical errors.

  • Misdiagnosis. A medical professional may fail to diagnose a condition or delay in starting appropriate treatment for a condition, causing a patient’s health to worsen and causing the patient to undergo expensive and unnecessary treatments;
  • Injuries in childbirth. A doctor fails to monitor the mother or child, delays in ordering a C-section, or misuses the forceps or vacuum, leading to shoulder dystocia, brain damage, cerebral palsy, Erb’s palsy, Bell’s palsy, or even death in the child;
  • Medication errors. A provider gives their patients the wrong medication, the incorrect medication strength, a medication to which they are allergic, or medication that reacts poorly with their other drugs; and
  • Surgical errors. A surgeon makes an incision or conducts surgery on the wrong side of the body, body part, or wrong patient. A surgeon leaves something foreign inside the body or performs surgery without proper sterilization techniques.

Other common medical malpractice claims are as follows:

  • Anesthesia error;
  • Defective medical devices
  • Botched medical procedure
  • Emergency room error;
  • Failure to get informed consent;
  • Improper reading of a lab result or X-ray; and
  • Transfusion error.

What Type of Evidence Is Gathered for My Malpractice Claim?

The following types of evidence are collected to help demonstrate medical negligence and support your medical malpractice claim: 

Medical Records

Medical records are the key to building your case, along with any other supporting healthcare documentation. Victims must prove that a doctor-patient relationship existed, and his or her health suffered as a result of medical negligence. Medical records show your original condition, the treatment you received, and your condition after being treated. These records can include evaluations, notes, consultation records, test results, prescriptions, etc. 

Other Types of Evidence

Your attorney can help you gather other evidence, such as receipts out-of-pocket expenses, medical bills, and pay stubs to prove lost wages. If possible, write down the names of healthcare professionals you interacted with during your medical treatment. Include doctors, nurses, hospital administrators, lab technicians, and anyone else you came into contact with. Write down what you can remember from your conversations with them. Create a timeline of events as well, and add any known dates of hospital stays, appointments, treatments, etc. 

Expert Testimony

Hiring a medical expert witness to testify in your case will typically be necessary to prove medical negligence occurred. A medical expert witness is an individual who has experience with the kind of procedure or health condition in question, and whose specialized knowledge gives him or her the authority to speak about your injury without having witnessed it firsthand. The expert’s testimony must convince the jury of the specific duty or level of care owed to you as the patient (medical standard of care), and how the defendant deviated from that care.

Compensation and Time Limits for Medical Malpractice Claims in Texas

States place specific statutes of limitations on filing for and recovering compensation in medical malpractice lawsuits. For instance, Texas requires victims to file their lawsuits within two years of the date the malpractice occurred, with a few exceptions. If victims fail to do so, they lose their right to compensation. Texas also places a cap on non-economic damages in medical malpractice lawsuits. Many states now place limits on non-economic damages in a medical malpractice lawsuit. However, the amounts vary from state to state. Texas’ cap is $250,000 per patient per provider with a $500,000 cap per patient with multiple providers. Caps on non-economic damages apply to compensation for pain and suffering, mental and emotional trauma, and other losses without fixable dollar amounts. These damages are separate from economic damages, which include medical expenses and lost earnings.

Typically, damages in a medical malpractice case allow compensation for the following:

  • Current and future medical expenses;
  • Lost wages;
  • Loss of earning potential;
  • Pain and suffering;
  • Mental anguish; and
  • Wrongful death.

Call Ramsey Law Group in Houston Today

If you would like to discuss any aspect of medical malpractice, including compensation caps and the statute of limitations in your states, call Ramsey Law Group. Our Houston medical malpractice lawyers can answer your specific questions and schedule a free consultation regarding your claim. Ramsey Law Group wants you to help you meet your recovery goals physically and financially and provide you with a sense of justice in your case. Call Ramsey Law Group today to begin your medical malpractice case: (713) 489-7577. The sooner we start your claim, the faster we can get you the financial help you need. Feel free to also submit an online contact form.