Medical Errors at Hospitals
No one goes to a hospital with the expectation that they will come out worse than when they went in. We see hospitals as places of healing, of recovery, and we place our full trust in hospital staff, administrators, and physicians. However, the fact of the matter is that hundreds of thousands of people die every year from preventable hospital errors, and many more suffer injuries at the hands of the very people who should be making them better. Improvements in the healthcare system are slowly being made, but to this day, the rate of hospital error incidents remains significant.
If you have suffered an injury or lost a loved one due to the negligent actions of a hospital and its staff, you have the legal right to pursue a claim in a hospital error lawsuit. It is highly advised that you seek the assistance of the Texas medical malpractice legal team at Brown Trial Firm LLP. Generally speaking, hospitals are not philanthropic institutions; they are lucrative businesses with profit motive. Chances are your claim will be aggressively challenged. That is why you should call us today at (866) 393-2611 or (254) 269-6700 and let us provide you with quality legal representation.
What are the Common Types of Hospital Errors?
Hospital errors can occur at any procedural or administrative level of a hospital’s system of operations. Mistakes that adversely affect a patient can be made by any individual working in the system, from a nurse all the way up to an administrator. The major types of hospital errors include the following:
- Surgery: All hospital staff members are expected to follow certain procedures before, during, and after a surgery. Any missteps can result in serious injuries or even death.
- Medication: Every patient with a prescription should should receive the right medication with the right dosage. Even the most seemingly insignificant mistake in this area can cause irreparable harm.
- Anesthesia: A patient who undergoes this procedure should be closely monitored by hospital staff. Physicians should be able to respond quickly and efficiently if something goes wrong.
- Infections: A hospital should generally be clean. Medical tools and areas where sensitive medical procedures are carried out should be sterile. Otherwise, serious infections may result.
How Do Tort Reform Laws in Texas Impact My Claim?
Unfortunately, Texas is one of 31 states with tort reform laws that enforce caps on non-economic damages, like physical pain and suffering from a preventable injury, emotional and mental problems and scarring and disfigurement of the patient’s body. The amount that the jury can allow for a patient’s physical pain, emotional damage, and disfigurement is capped at an arbitrary amount not matter how severe it is. However, there remains no limit on the amount of economic damages that the jury may allow for the patient.
Bringing Resolution to Your Trials
Hospital error litigation can involve a long, arduous legal process; however, with the assistance of the exceptional TX medical malpractice attorneys at Brown Trial Firm LLP, your case may be resolved in an efficient manner with a favorable outcome. Contact us today at (866) 393-2611 or (254) 269-6700 to get started on the road to recovery.
Get Legal Help If You’ve Suffered from an Anesthesia Error
When an anesthesiologist commits a preventable medical error, the error can result in devastating injury, profound brain damage or even death. Many times, the person who administers anesthesia is not a medical doctor. Certified nurse anesthetists are often employed by hospitals and assigned by the hospital to administer anesthesia to patients during surgical procedures. Most patients don’t know that the hospital personnel administering the anesthesia and monitoring the patient during the procedure may not be doctors.
The Danger of Anesthesia Errors
Anesthesia errors may occur during pre-operative preparation, during the surgical procedure, and during the post-operative recovery. Serious injuries can happen if the anesthesiologist fails to educate the patient about food and alcohol restrictions before the patient is given anesthesia. Patients can aspirate contents from the stomach into the respiratory tract resulting in lack of oxygen and brain injury. Another common type of anesthesia error is the failure to properly monitor the patient’s oxygenation during and after the surgical procedure to protect patient from injuries caused by the inadequate oxygenation.
Other common types of anesthesia errors include:
- Administering too much or too little of the anesthetic
- Delayed delivery of anesthesia
- Anesthesia awareness where a patient remains awake and in pain during surgery
- Failure to prevent anesthesia interactions such as those with prescription drugs
Texas Medical Malpractice Claims
Medical insurance premiums for anesthesiologists are generally high because anesthesia related medical errors can result in permanent physical injury, brain damage or death. Because of the severe injuries commonly associated with anesthesia errors, claims for anesthesia malpractice can be substantial when patients suffer permanent injuries or death. Patients who survive may have extensive medical bills, may require long-term medical care, may have permanent disability and may have lost wages and diminished future earning capacity due to the inability to return to work. The law allows the patient or the patient’s family to file a medical negligence claim or a wrongful death claim to recover the damages caused by the negligence of the hospital or the anesthesiologist.
These types of cases are complex and difficult to prove. Patients who are victims of medical negligence and their families need support, guidance, and counsel from an experienced Texas medical malpractice lawyer. For the claim to be successful, plaintiffs must prove that the anesthesiologist made a preventable medical error that should not have occurred.
If you or a loved one has suffered a serious injury or death during or after the administration of anesthesia, make sure you research your legal options. The experienced Waco medical malpractice attorneys at Brown Trial Firm LLP are dedicated to helping people who have been injured by medical negligence. We can help you investigate your situation to determine if you have a valid medical negligence claim and, if so, pursue compensation for your injuries, damages, and losses as allowed by law.
For a free consultation and a comprehensive case evaluation, call Brown Trial Firm LLP at (866) 393-2611 or (254) 269-6700.
Was Your Cancer Misdiagnosed?
Mistakes can be afforded in most situations, but they carry a heavy price when it comes to cancer diagnosis. Many patients needlessly lose their lives because their health care providers don’t properly diagnose their cancer.
If you or a loved one has suffered due to cancer misdiagnosis, you may be entitled to substantial coverage for all resulting losses. At Brown Trial Firm LLP, our experienced Texas medical malpractice attorneys have the legal skills to contest even the most powerful hospitals and insurance companies. We will do everything within our power to get you the full and fair settlement you deserve. For more information, please call (866) 393-2611 or (254) 269-6700.
Commonly Misdiagnosed Cancers
Research data indicates that breast, colorectal, lung, and pancreatic cancer are among the most commonly misdiagnosed cancers. The reason for this is that they are also among the most common types of cancers. Misdiagnosis can be explained by the similarity of symptoms between these cancers and other, non-cancerous conditions. For example:
- The symptoms of breast cancer are similar to those of other inflammatory breast conditions, such as fibrocystic breast disease and mastitis.
- The symptoms of colorectal cancer are similar to those of other inflammatory bowel diseases, such as ulcerative colitis and irritable bowel syndrome.
- The symptoms of lung cancer are similar to those of certain lung infections, such as tuberculosis, bronchitis, and pneumonia.
- The symptoms of pancreatic cancer are similar to those present in diabetes, pancreatitis, and inflammatory bowel diseases.
Physicians may use diagnostic tests to improve their accuracy. However, cancer screening may produce false negatives or false positives, depending on the competency of the performing physician and other circumstances.
What Are the Different Types of Cancer Misdiagnosis?
There are three ways in which a cancer physician can fail his/her patient at the diagnostic stage, each one just as harmful as the next. They include:
- Incorrect Diagnosis: This occurs when the patient is given a diagnosis for cancer when it is not present, or when s/he is diagnosed with the wrong type of cancer, which can result in the unnecessary and harmful application of costly treatments, among other damages.
- Delayed Diagnosis: Early detection is crucial to the successful treatment of cancer. If a physician fails to diagnose his/her patient’s cancer in a timely manner, the patient may miss the window for effective treatment, resulting in his/her death.
- Failure to Diagnose: A physician may fail to detect cancer in the patient, essentially letting it proceed to its terminal stages.
Tragically, in many cases of cancer misdiagnosis, the patient dies due to the error. In other words, cancer misdiagnosis is a serious matter, and health care providers that commit the mistake due to negligence should be penalized accordingly.
Compassionate Texas Misdiagnosis Attorneys
No person deserves to suffer the dire effects of cancer misdiagnosis. If you or a loved one has been the victim of a negligent cancer physician, please contact the attorneys at Brown Trial Firm LLP today. Let us provide you with the means to bring the bad doctor to justice.
Dental Negligence and Malpractice
Going to the dentist is hard enough for most people. If you’ve experienced any kind of unnecessary trauma or injury at the hands of a dental physician or assistant, you may never visit one again. The Waco personal injury attorneys at Brown Trial Firm LLP sympathize with your situation and can help you hold those accountable to the highest letter of the law. Dental malpractice is the same as any other medical malpractice – an individual charged with your care and well-being was negligent or worse, deliberately malicious in the course of their duties. The pain and embarrassment you feel is a direct result of their poor choices and incompetence. We find this unacceptable and we wish to help.
Call the offices of Brown Trial Firm LLP and discover the options and legal rights you have available. Dental malpractice is a serious deviation and needs to be dealt with swiftly before more people are injured. Call today – the number is (866) 393-2611.
What is Dental Malpractice?
Doctors are human and, as a result, make mistakes. It is a fact of life. But if the mistake is grossly out of order or the result of deliberate recklessness, the person could be considered negligent in their actions. With that said, dental malpractice, like medical malpractice, occurs when a dentist fails in his or her duties in such a manner to be considered negligent – with negligence being the key to any malpractice suit.
In dentistry, malpractice can occur in any number of ways, all of which are traumatic and completely unnecessary. The following are just a sample of the types of lawsuits that can come from dental negligence:
- Improper measuring and use of anesthesia
- Surgical mistakes of any kind
- Unsanitary conditions in any part of the office or examination rooms
- Pulling the wrong teeth or performing unnecessary extractions
- Failure to diagnose oral or mouth cancer in a timely fashion
- Irreversible damage to the jaw, lips or tongue
How Long Do I Have To File?
As is the case with most personal injury cases, in the state of Texas you have approximately two years in which to file your suit with the court. This is known as the statute of limitations. There are exceptions to this rule, but for the most part, the established limit is held up in most cases. To that end, we highly recommend you speak with the dental malpractice attorneys at Brown Trial Firm LLP as soon as possible. By tackling the case now, you can avoid forfeiting your right to file and strengthen your case by collecting relevant evidence before it is lost or discarded. Furthermore, you have a right to remedy your pain and suffering by way of financial compensation – why wait any longer than necessary?
How Much Money Can I Expect?
This all depends on the severity of your injuries and the degree in which the dentist in question was negligent. In most cases, economic damages are awarded for any additional surgeries or medical procedures you require following the incident. Non-economic damages are levied for the unquantifiable damages you may experience through pain and suffering or loss of wages. Finally, if the negligence was particularly egregious the courts may place punitive damages against the defendant.
Do Not Delay – Call Brown Trial Firm LLP
Dental malpractice can be extraordinarily painful and potentially embarrassing. You need not go it alone, no matter how hopeless the situation may seem. Contact Brown Trial Firm LLP today and we can provide a no-cost consultation to review your case and offer the best possible options. Call (866) 393-2611 or (254) 269-6700 for more information.
What If Your Condition Wasn’t Diagnosed?
If you or a loved one has suffered serious losses because of a medical professional’s failure to diagnose, get in touch with the legal team at Brown Trial Firm LLP by calling (866) 393-2611 or (254) 269-6700. Through a free consultation, you will be able to learn more about how our Waco failure to diagnose attorneys can help you and what legal actions you are entitled to take. Please visit our About Us page to learn more about our attorneys and our firm.
Medical professionals have a duty to provide the best care possible when treating a patient. But that care all starts with an appropriate diagnosis of illness or injury. Should a medical professional fail to provide a proper diagnosis, a patient can experience serious and possibly fatal repercussions.
Proper diagnosis is the crux of all successful medical care. If a doctor does not know what a person is suffering from, or believes that he or she is suffering from the incorrect injury or illness, major damage can occur.
If an injury (most often internal) or an illness is never found by a doctor, it can continue to worsen until its symptoms are unmistakable. Unfortunately, getting to this stage is never good for a patient. Injuries and illnesses that are not treated can cause major and permanent damage to parts of the body, leading to disabilities or possibly death. Additionally, being unaware of these may cause doctors to prescribe treatments that improve known conditions while worsening the hidden ones.
If the illness or injury is improperly diagnosed and believed to be a different condition, the wrong treatment may be prescribed. This can become ineffective in the best cases and cause the damage to worsen beyond what was originally possible in the worst cases.
Patients affected by a failure to diagnose will frequently be left with far worse injuries than if they were properly diagnosed in a timely manner. Additionally, more intense medical care will often be needed in order to recuperate with these terrible losses, leading to even more costs and debt.
Holding Hospitals and Medical Professionals Responsible
In failure to diagnose cases, the medical professionals who were negligent in their diagnosis and the organizations they work for are responsible for your losses. While they may not have caused your original injury, they are responsible for it worsening and causing greater damage.
Through medical records and testimonies that prove you were improperly diagnosed, you may show how and why the mistake was made. Additionally, keeping records of your injury or illness and the difficulties you experience may show that the failure to diagnose was the cause of your worsening condition. By making a convincing and solid case, you may be able to prove fault and be entitled to receive compensation by the medical professional and his or her insurance company. This will pay for your past and future losses so that you can receive essential treatment and do not needlessly suffer serious debts.
Texas Attorneys Dedicated to Your Recovery
The Texas medical malpractice attorneys at Brown Trial Firm LLP are ready and able to help you begin the road to recovery and proving fault. With our assistance, you can overcome the obstacles set up by hospitals and their insurance providers so that you can receive the compensation that you both deserve and need. Call (254) 269-6700 and get the insight you need for building a better case with a greater chance for success.
What is Medical Negligence?
The toll medical negligence takes on a person’s life can be devastating, especially when as a patient, the person trusted that medical professionals would meet the standard of care required of them. To help those affected by acts of medical negligence seek the monetary damages the law entitles them to recover as well as find closure for emotional and physical strain, Brown Trial Firm LLP is results-oriented and draws from more than 50 years of experience between its two leading attorneys. For information about your legal rights and options, please call (866) 393-2611 or (254) 269-6700 for a no-cost consultation.
Sorting Through the Complications of Your Case
Medical negligence and medical malpractice cases in Texas can be some of the most complex. However, with an attorney on your side who has years of experience and a successful track record handling such cases, you can rest assured that effective strategies will be applied to prove your case and have your story heard.
Medical negligence cases require lawyers to consult with medical experts to highlight the extent of injury, how a person will be affected in the future, and what steps for safety and care were neglected in the first place to cause the incident.
Legal Compensation for Physical Pain and Physical and Mental Suffering
It’s true that no amount of money can undo the harm that has changed the life of you or your loved one. However, compensation from those responsible brings financial relief and peace of mind. Medical expenses related to injury or illness caused by medical negligence can add up quickly.
During the recovery process, some individuals may need time off of work to recover in which compensation for lost wages and benefits may be obtained. In the most devastating of cases, some individuals are not able to return to the jobs they once had and others may not be able to work at all due to disability, illness, or injury.
Causes of Medical Negligence
Some common types of neglect on the part of medical professionals that may have cause for legal action include, but are not limited to, the following:
Hospitals and other powerful institutions have their own insurance companies and attorneys to build strong cases against those who file claims or lawsuits against them. This can be intimidating to patients. The seasoned legal team at Brown Trial Firm LLP are not intimidated by these tactics and will stand with you and work to protect your best interests.
Protecting Your Rights in Texas
As Waco injury lawyers who champion our clients’ cases, the legal team at Brown Trial Firm LLP take only a small number of cases in order to provide clients with the personal attention they deserve. With our extensive resources and knowledge, we work to build efficient cases for successful results. It is important to us that our clients’ rights are protected. Contact us today at (866) 393-2611 or (254) 269-6700 for more information about the difference we may be able to make in your case.
Medication Errors and Injuries
Prescription medications are generally potent in their effects, both positive and negative. When cautiously prescribed to treat a specific ailment, they can be a helpful tool used towards recovery. However, when negligently administered, prescribed, or dispensed, they can have extremely adverse affects upon a patient’s health, and may even kill them. That’s why healthcare professionals, including physicians and pharmacists, are required to follow the standard of care when prescribing and administering medications.
At Brown Trial Firm LLP, our experienced Texas medical malpractice attorneys have decades of experience under their belt. If you have suffered injuries due to medication error, you should call our law office today at (866) 393-2611 for a free initial consultation. You may also fill out our online contact form.
What are the Common Causes of Medication Errors?
The most common types of negligent actions in medication error cases include the following:
- Prescription of wrong medication
- Prescription of wrong dosage
- Failure to consider patient’s history of other medications
- Failure to inform patient of all risks associated with the prescription medication
- Prescription of drugs that are dangerous when mixed
Most medication error cases involve the negligent actions of a physician, nurse, or pharmacist. These actions may be defined by poor communication, recklessness, administrative errors, inadequate staff, work overload, and inadequate preventative measures. A victim of medication error may suffer an adverse reaction due to improper dosage or an unintended drug. The results can be fatal.
What Do I Have to Prove in My Medication Error Lawsuit?
As a claimant, you will have to take the following factors into consideration in regards to your lawsuit and prove that they all apply to your specific case:
- Duty of Care: All healthcare providers, whether they are behind a desk or a counter, are expected to comply with the standard of care and perform their duties in the manner that is expected of them as licensed professionals.
- Breach of Duty: This means the healthcare provider failed to meet the reasonable standard of care and caused harm to the patient rather than helping him or her. Whether a direct action or an oversight, any mistake that meets breach of duty criteria can be grounds for liability.
- Causation: A connection must be established between the negligent actions of the liable medical professional and the victim’s injury.
- Damages: The economic and non-economic damages that are pursued by the victim must be backed by evidence, such as medical bills and lost wage reports.
It is highly advised that you consult with a Waco injury attorney as soon as possible to get started on your claim case before the deadline defined by the statute of limitations. Also, the earlier an attorney conducts an investigation, the better. Important evidence may fade with time.
A Compassionate Texas Legal Team
At Brown Trial Firm LLP, our clients always come first. We formulate customized legal strategies according to the wishes of our clients and always keep in constant contact with them, updating them every step of the way. If you wish to learn more about your case and legal options, please contact us today.
Was Your Medical Condition Misdiagnosed?
Patients trust medical professionals to provide the utmost care and consideration when treating anything from the flu to a serious illness. Unfortunately, errors often happen, but when a doctor fails to accurately diagnose a patient’s condition due to recklessness, lack of training, or knowing disregard of medical standards, he or she is legally responsible for the resulting injuries or death. If you believe that you or a loved one has been harmed by medical misdiagnosis, please contact the Waco injury attorneys at Brown Trial Firm LLP to discuss your case and answer your questions. You may be entitled to pursue damages in a medical malpractice claim or lawsuit. Call us at (866) 393-2611 to schedule a consultation.
Diagnostic Errors and Medical Malpractice
A mistaken diagnosis can have serious consequences for a patient and result in not only incorrect treatment, but also worsening conditions that may even lead to death. However, diagnostic errors do not necessarily indicate medical negligence. Even the most skilled doctors can make mistakes, but in order to have a valid medical malpractice claim based on misdiagnosis, the patient or surviving family must prove that the doctor made errors that another reasonable doctor with similar training and experience would not have made.
Unacceptable errors that can lead to a misdiagnosis may include:
- Misplaced lab results,
- Failure to order appropriate tests for the patient’s symptoms,
- Failure to follow up on test results,
- Failure to notice obvious signs of an illness or injury,
- Failure to give full attention to the patient, or
- Made premature diagnosis without appropriate testing.
It is important to seek a second opinion to avoid the tragic dangers of a misdiagnosis, but in the event that you or a loved one has been injured or worse due to a doctor’s actions, you may be eligible to obtain compensation for economic and non-economic damages.
Liability for Damages in Texas
Another crucial aspect of medical malpractice claims is proving that the medical practitioner’s negligence led to further consequences, such as:
- The prognosis became worse due to a missed or delayed diagnosis,
- The patient underwent unnecessary medical treatment that was invasive, risky, or expensive,
- The patient underwent treatment that caused significant pain or impairment,
- Lost past and future wages or ability to return to work,
- The patient suffered diminished abilities, disfigurement, or death.
In some cases, various health issues can be confused with other less dangerous conditions, and if unnoticed, the patient’s chance of recovery can be severely reduced.
In the event of misdiagnosis, the injured patient or surviving family members may pursue financial compensation for the economic and non-economic damages caused by the medical professional’s negligent actions.
Contact Our Experienced Patient Safety Advocates
One of the most important parts of successful treatment and recovery is an early and accurate diagnosis. At Brown Trial Firm LLP, we believe that medical professionals must be held accountable when a patient suffers unjustly due to recklessness or a violation of the patient safety rules. As experienced Texas medical malpractice lawyers, we can help patients or families that have lost a loved one pursue rightful compensation for losses that should have been prevented. If you believe you have a case or would like to learn more about your potential options, please call us for a free consultation at (866) 393-2611 or complete an online contact form.
Victim of Errors in Surgery? Call (866) 393-2611
However, when a patient suffers catastrophic injuries or worse from a surgical error that could have been prevented, if not for a medical professional’s carelessness, the negligent party may be held accountable. If you have been injured or lost a loved one due to a surgical error, you may be entitled to receive financial compensation through a medical malpractice claim. Learn about your rights and potential options for legal action by contacting the Texas personal injury lawyers at Brown Trial Firm LLP. To schedule a free consultation, please fill out a contact form online or call us (866) 393-2611.
What are Some Types of Surgical Mistakes?
If a doctor, a nurse, or other hospital personnel make even a slight error while prepping for surgery or during the actual procedure, the patient can suffer devastating and potentially fatal injuries or illness. Mistakes caused by fatigue, recklessness, miscommunication or an oversight on a patient’s paperwork can lead to common surgical errors, such as the following:
- Unintentional lacerations
- Negligent performance of the operation
- Surgical instruments left inside the patient,
- Failure to identify complications during procedure,
- Wrong patient surgery, and
- Wrong-site surgery.
An already risky procedure can quickly result in catastrophic injuries to a patient, particularly in the event that the patient suffers infection, blood loss, brain damage, or worse.
How is Medical Malpractice Proved in Texas?
In order to have a valid medical malpractice case based on surgical error, the patient or surviving family member must prove that the patient suffered injuries or illness due to negligence. While there are inherent risks involved with any type of surgery, a mistake does not automatically indicate that a surgeon is liable for resulting damages.
A medical professional or the hospital staff may be liable for violating the accepted standards of care before, during, or after an operation. Common types of surgical negligence include:
- Poor preparation or planning before operation,
- Miscommunication or misidentifying a patient or type of surgery,
- Providing inaccurate medication or misreading drug dosages,
- Fatigue or working under the influence of drugs, and
The legal team at Brown Trial Firm LLP has the experience and resources necessary to investigate a Texas medical malpractice claim and to build a strong case. We will gather evidence of medical negligence on behalf of our clients and work tireless to ensure that the responsible party is held accountable.
Contact Texas Board Certified Injury Trial Lawyers
If you believe that you or a loved one has been injured due to a surgical error, you do not have to bear the consequences alone. With a knowledgeable Waco TX malpractice attorney on your side, you may be able to win the compensation you deserve for the physical, emotional, and financial losses that you have suffered from the at-fault party. Please do not hesitate to contact us, as most medical malpractice cases are under a short statute of limitations. Call (866) 393-2611 to speak with a top injury lawyer at Brown Trial Firm LLP about your potential case.