You’ve been hurt or you’re just not feeling right, so you go to see the doctor or you seek medical attention at a hospital or urgent care facility. At a minimum, you expect that any medical professional you see will use reasonable care to both diagnose and treat your condition, that you won’t suffer further injury or illness because of the carelessness or wrongful acts of a doctor or nurse.
Unfortunately, in today’s world, where medical treatment is increasing becoming more about profit than care, you may unnecessarily suffer because a medical professional has cut a corner or simply failed to take the time or attention to do what needs to be done. When you have suffered needlessly because of the carelessness or negligence of a medical provider, you want an experienced and skilled lawyer to protect your rights. You want Bailey & Galyen.
At Bailey & Galyen, we bring more than four decades of experience to men and women throughout Texas who have been victims of medical malpractice or negligence. Since we founded our firm more than 40 years ago, we have helped people across Texas recover hundreds of millions of dollars in personal injury verdicts and settlements. We built our reputation and practice on hard work and a commitment to unparalleled client service and satisfaction. We’ll immediately inform you of any developments in your case, and carefully explain your options, as well as your prospects for success, so that you can make smart decisions about your future. We understand the importance of regular communication with counsel and will respond to all phone calls and emails as soon as possible.
For a private consultation with a knowledgeable Houston medical malpractice lawyer, contact Bailey & Galyen online or call our offices at 281-771-1725. There is no charge or obligation for your first meeting.
How Does Texas Define Medical Malpractice?
In Texas, as in all states, medical malpractice is a form of legal negligence related to the provision of healthcare or medical services. Under the principle of negligence, as it has evolved over the centuries, all persons in society, including medical personnel, must act reasonably in everything that they do. In fact, because of the high level of trust placed in doctors and nurses, as well as the potential consequences of carelessness by a physician or other medical professional, the standard of care required of doctors and nurses is greater than that of ordinary persons.
What Is the Level of Care Required of a Medical Professional?
In a standard negligence claim (a slip and fall or motor vehicle accident, for example), a defendant will only be liable if his or her behavior did not conform that that which an ordinary person of average prudence would employ. In medical malpractice claims, however, the defendant must ascribe to a higher standard, providing the same level and type of care:
- That a reasonably competent and skilled health care professional
- With similar training and experience
- Would exercise in the same medical community
- Under the same circumstances
What Kinds of Medical Malpractice Claims Are Most Often Filed in Texas?
The most common medical negligence claims litigated in Houston include:
- Misdiagnosis or failure to properly diagnose a medical condition—Due, for example, to a failure to order necessary tests or an incorrect reading or interpretation of lab results
- Failure to diagnose an illness or injury within a reasonable time period, leading to unnecessary complications
- Surgical errors, from performance of the wrong surgical procedure, or operation on the wrong part of the body to carelessly leaving surgical tools or other items in a body cavity after surgery
- Errors related to the administration of anesthesia
- Prescription errors
- Birth injuries, including hypoxia (lack of oxygen flow), Erb’s palsy, shoulder dystocia, forceps and suction device injuries
What Must You Show to Successfully File a Medical Malpractice Lawsuit?
To establish liability in a medical negligence case, you must demonstrate to the jury:
- That you had a doctor-patient relationship with the defendant—this establishes the duty of care
- That the defendant breached (failed to meet) the duty of care—Customarily, an expert witness will provide testimony to establish the necessary level of care. Jurors will then determine whether the defendant’s conduct met that standard of care.
- That, because of the defendant’s breach of the duty of care, you suffered loss or injury—You must establish that, but for the defendant’s carelessness, you would not have suffered any injury. You must also show that the injuries you suffered were a reasonably foreseeable result of the failure to meet the standard of care.
- That you incurred actual losses—You cannot recover for any losses that were reimbursed by your insurer or that were otherwise paid or covered
What Damages Are Typically Covered in a Medical Malpractice Action?
Medical malpractice is a particular type of personal injury. As with other types of personal injury claims, you can seek compensation for:
- Lost wages or income
- Medical expenses resulting from the medical malpractice that are not covered by insurance
- Physical or emotional pain and suffering caused by the medical negligence
- Your loss of companionship or consortium (the ability to enjoy close or intimate relations with family) due to the medical negligence
- Any loss of enjoyment of life, such as the ability to engage in ordinary acts of daily life or participate in activities/hobbies that previously brought joy, satisfaction or contentment
Is There a Time Limit for Filing Medical Malpractice Claims in Texas?
Yes. The Texas statute of limitations establishes the date by which a lawsuit must be filed after any type of medical malpractice or negligence. Because medical malpractice is a form of personal injury, it is governed by the statute of limitations on personal injuries. In Texas, that time frame is currently two years from the date of the malpractice. However, the amount of time you have to file your claim may be extended if your injuries were of a nature that could not reasonably be discovered for some period of time after the actual negligence occurred. In those situations, the two-year period will only start to run when you should have reasonably discovered your loss. The period may also be suspended while you undergo treatment for the injury. One further note—Texas has a 10-year “statute of repose” on medical malpractice—you cannot file a medical malpractice action more than 10 years after the alleged mistake occurred.
How Can Bailey & Galyen Help You with a Houston Medical Malpractice Claim?
The experienced medical malpractice attorneys at Bailey & Galyen will help you
- Swiftly and accurately assess your case, so that you can decide whether it’s in your best interests to pursue a settlement or take your case to trial
- Prepare and file all documents required to protect your rights
- Be a strong voice for you in all hearings, meeting or proceedings
- Determine the need for, hire and prepare any necessary expert witnesses, so that they present effective evidence to maximize your financial recovery
- Use their Experienced trial Representation skills to present your case before a judge and jury
Contact Us for a Free Evaluation of Your Case
At the law offices of Bailey and Galyen, with offices throughout Texas, we are committed to your total satisfaction. Our phones are answered 24 hours a day, seven days a week. We can meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
To schedule a free initial consultation to discuss your medical malpractice claim, call our offices at 281-771-1725 or contact us by e-mail. We handle all medical negligence claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
Bailey & Galyen Attorneys at Law
18333 North Egret Bay Boulevard, Suite 333
Houston, TX 77058
281-771-1725
