Medical Malpractice Lawyers In Houston, Texas
According to studies from Johns Hopkins Medicine, medical errors are the third leading cause of death for Americans. One mistake or negligent act can change your life forever. The medical profession has a duty of care for all patients. When a doctor, nurse, or anesthesiologist fails in that duty, patients can suffer catastrophic injuries or even wrongful death.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our skilled and experienced medical malpractice lawyers have served Houston and Katy, Texas residents for decades. If you or someone you love has suffered harm due to medical negligence, call our esteemed medical malpractice attorneys today. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner will fight to recover the compensation you deserve. Contact us for a free consultation of your injuries by clicking here or calling 713-244-5477 or toll-free at 888-229-5094.
What is a Houston Medical Malpractice Attorney?
Defining medical malpractice relies on what is considered to be the norm in terms of practice or treatment. If a doctor, nurse, or other health care professional acts in a way that is contrary to what is standard for that practice, they can be held medically negligent.
For example, suppose an infant’s umbilical cord is wrapped around their neck during delivery. Most doctors would perform a C-section as a standard of care. However, your doctor delays the C-section and instead unsuccessfully tries to unwrap the cord. The delay in treatment causes the infant to be deprived of oxygen for a prolonged amount of time, resulting in brain damage.
Medical malpractice cases are notoriously challenging due to the significant “gray area” between what is normal and what is inappropriate treatment. An experienced and skilled Houston medical malpractice lawyer will need to uncover critical evidence to prove a medical professional failed to provide the accepted standard of care.
The judicial system is designed in such a way that extensive evidence is needed in medical malpractice cases. Negotiations are encouraged and few claims go to a jury trial. The burden of proof lies heavily on the injured patient. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our esteemed Houstoon medical malpractice attorneys understand the four legal elements that must be proven to settle your claim, including;
Professional duty of care was owed to the patient
A doctor owes their patients a standard of care when they agree to treat you. Establishing a doctor-patient relationship can be challenging when a doctor acts as a consulting physician and did not treat you directly.
This duty of care was breached by the healthcare professional or professionals
Establishing negligence is essential. If you are unsatisfied with your medical treatment, that is not negligence. A doctor, nurse, anesthesiologist, or other medical professional is negligent when they cause you harm that an otherwise competent professional under the same circumstances would not have.
For instance, if you arrive at the ER and present with symptoms of a heart attack, most competent doctors would run diagnostics and treat you immediately. If you are turned away or misdiagnosed, your doctor could be liable.
Texas requires other medical experts to discuss the appropriate standard of care in the circumstances in question. An experienced Katy, Texas medical malpractice lawyer will have the resources and expert witnesses to help you with your claim.
As the patient, you suffered harm
A challenging aspect of medical negligence is showing harm. In cases where patients were already sick or dying, it can be questionable if a doctor’s negligence actually caused injury.
For example, suppose a patient is being treated for stage four lung cancer. The oncologist has advised the patient to make arrangements since they are considered terminal and gives the patient a year to live. A few months later, the patient presents with liver cancer, and it is discovered the oncologist missed the diagnosis. The patient dies soon after. While the missed diagnosis resulted from negligence, because the patient was already terminal, harm could be challenging to prove.
A detailed description of damages, including economic and non-economic losses
Even if negligence is apparent, the patient must be able to show damages thoroughly. If you suffer physical pain, emotional or mental distress, additional medical expenses, or lost work and earning capacity, you may be entitled to compensation.
What Can Our Houston Medical Malpractice Attorneys do for you?
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our experienced medical malpractice lawyers in Katy, Texas, have successfully recovered damages in cases of negligent or careless healthcare workers. The majority of medical negligence settlements are requested to be kept confidential. Some of the most prominent cases are described as follows:
- During a prostate biopsy, a 67-year-old client was put under general anesthesia. After, medical staff allowed our client to walk and stand unassisted for nearly 45 minutes. Still experiencing the effects of narcotics, the client fell and struck his head. The injuries resulting from the fall were so severe they caused our client to become a quadriplegic. The settlement remains confidential. He was awarded a lump sum and future annuity payments to provide for medical expenses he will need for the remainder of his life.
- Another client experienced a preventable overdose with devastating consequences. The 34-year-old patient was given Dilantin, a drug used to control seizures. Under medical guidance, our client was given more than ten times the normal dose in less than three days. Her respiratory system was suppressed, depriving her brain of oxygen. Our client suffered permanent brain damage and now requires 24-hour care. Previously a healthy young woman, she now must have assistance with every aspect of day-to-day living. Our esteemed medical malpractice attorneys reached a settlement that included a lump sum and future annuity payments. The payments are deposited into a special needs trust in order to provide for her medical and living expenses, which will increase throughout her lifetime.
- Abraham, Watkins, Nichols, Agosto, Aziz & Stogner also obtained a confidential multi-million-dollar settlement when negligence led to permanent paralysis. Our client went to the hospital with complaints of immobility in his leg. Over time, his condition worsened. After several days, our client experienced paralysis from the chest down. His symptoms throughout the ordeal were consistent with a spinal injury. However, medical personnel did not order the imaging that was needed for a quick diagnosis. If our client had been diagnosed earlier, an operation could have reversed the paralysis. Due to the delay in diagnosis, the window of opportunity was closed, and our client was left permanently paralyzed. Our Houston medical malpractice attorneys successfully reached a settlement to cover our client’s past and future medical expenses, home modifications, medical equipment, and other needs.
If you or someone you love has suffered harm due to a medical professional’s careless or negligent actions, call Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today. Our dedicated Houston medical malpractice lawyers will secure the compensation you need to start putting the pieces of your life back together.
What Types of Medical Malpractice Cases Do Our Lawyers Handle?
When a patient is ill or injured, they should feel comfortable turning to a medical professional for help. Just as you are expected to be honest and forthcoming to your doctor about your symptoms and medical history, a duty of care is expected from your treating physician, nurse, and other trained personnel. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we believe every patient has a right to feel safe in their doctor’s care. When that care is violated, our Houston medical malpractice lawyers are here to hold responsible parties accountable.
There are several types and instances of medical malpractice. Medical negligence is not always immediately recognized. In some cases, it may take weeks, months, or even years for a patient to exhibit symptoms of harm.
Some of the most common forms of medical malpractice include:
- Failure to treat or prevent infections:
- Hospitals and doctors’ offices are teeming with bacteria. Despite frequent sterilization, infections can happen. They are most prominent among the elderly who have compromised immune systems. Infections can be life-threatening when they are not treated immediately. A patient can suffer sepsis shock and necrotic tissue damage. Some infections are resistant to traditional antibiotics and need more aggressive treatments. If a healthcare worker fails to wear a mask or wash hands, the negligent actions can cost lives.
- Anesthesia errors:
- Anesthesia errors can be especially horrific. Anesthesiologists must use the correct kind of anesthesia in the proper dosage and ensure the patient receives enough oxygen during procedures. In some cases, patients have woken up during surgery, paralyzed but unable to bring attention to their state. Suffering extreme pain and horror, many will endure post-traumatic stress as a result. Other errors involve depriving the patient of oxygen, which can cause permanent brain damage. Common mistakes include failing to review the patient’s medical history or not monitoring the patient’s vital signs closely during surgery.
- Dental errors:
- Oral surgeons and dentists can cause patient harm when administering anesthesia, as well. Serious harm comes to a patient when a dentist fails to diagnose oral cancer.
- If a medical professional fails to find the correct diagnosis, the delay in treatment or the patient not being treated can be deadly. Because women present with different symptoms during a heart attack, sometimes doctors fail to recognize the warning signs, causing patients significant harm. In other cases, if a medical professional fails to diagnose cancer, the window of opportunity to treat may close, leading to the patient’s preventable death.
- Incorrect treatment or failure to treat:
- When a doctor or nurse gives the incorrect treatment to a patient, there can be severe consequences. Giving the wrong medication or the wrong dosage can result in life-altering consequences. Alternatively, failing to treat can prove just as harmful. If a doctor fails to diagnose cancer and it progresses to a late stage, the patient will not receive potentially life-saving chemotherapy or radiation.
- Surgical errors:
- Mistakes can happen when a patient is being prepped for surgery, during the operation, and in post-operative care. If a negligent doctor leaves a foreign object, like a sponge, inside a patient after closing, it can lead to infection and eventual death. If a medical professional fails to provide adequate post-surgical care, unsanitary conditions can cause serious illness.
- Birth injuries:
- Labor and birth are inherently dangerous. Several events can go wrong during pregnancy or delivery. If a negligent doctor fails to perform an emergency C-section, the newborn could be deprived of oxygen, leading to death or brain damage. The most common negligent birth injury is cerebral palsy from a lack of oxygen during delivery.
- If a patient is left in the same position for too long, they can develop bedsores or pressure ulcers. Bedsores can become infected and result in serious health problems. The most common sign of abuse or neglect in a nursing home is bedsores.
The esteemed Houston medical malpractice attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner are here to help. If you or someone you love has been injured due to the neglect of a healthcare professional, call our dedicated team today.
What Questions Should You Ask Your Houston Medical Malpractice Lawyer?
Doctors attend school for years and specialize in a field to become the experts we look to when we are ill or injured. When a doctor fails us, resulting in additional harm and hardship, it can be difficult to trust another professional in their field again. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we understand the leap of faith it takes to place your trust in an attorney.
With over 70 years of experience, Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest plaintiffs’ trial law firm in Texas. With a history of successful medical malpractice settlements and a reputation for putting clients first, we have the skills and resources you need to hold negligent and careless parties accountable.
We offer free evaluations and want you to get the most out of your consultation. Below are some the of most important questions to ask your Houston medical malpractice lawyer;
- Do you work on a contingency fee basis or a flat rate fee?
- How will up-front court and filing expenses be paid?
- What kind of expert witnesses would strengthen my case?
- Is there a statute of limitations?
- Do you have experience with medical malpractice claims?
- Do you think my case will settle?
- If the settlement offer is too low, are you prepared to go to trial?
- What is my role?
- What will be the line of communication? Will I receive regular updates? If I have questions or concerns, do I have a point of contact?
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we believe in earning the trust of our clients. During your consultation, we want you to feel as comfortable as possible. If you or someone you know has been harmed because a healthcare professional was negligent, call our Houston medical malpractice attorneys today.
How Are Medical Malpractice Settlements Paid Out in Houston?
When a medical malpractice case is won or settled, many factors affect how the injured party will receive their damages. The plaintiff’s age and the nature of their injuries play a crucial role. Settlements could be paid as one lump sum, in a structured annuity, or a combination of the two.
For example, suppose a doctor’s negligence causes their patient to become paralyzed from the waist down and the injured party is in their 20s. The patient’s injuries are life-altering. They will need home and automobile modifications. Also, their ability to earn an income could be significantly diminished. In this case, a combination of a lump sum and structured annuity thereafter would be appropriate.
When you need a Katy, Texas, medical malpractice attorney, call Abraham, Watkins, Nichols, Agosto, Aziz & Stogner. Ask our experienced lawyers what settlement payout best suits your needs.
Why Choose Abraham, Watkins, Nichols, Agosto, Aziz & Stogner As You Houston Medical Malpractice Lawyers
Medical malpractice cases are complex, made worse by complicated legal contingencies like proving a “standard of care.” It is essential to have an experienced firm by your side. The esteemed Houston, Texas medical malpractice attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner have represented the injured since 1951.
We have settled prominent medical neglect claims ranging from a failure to treat to mishandling patient medication. Our clients have suffered life-altering and catastrophic injuries due to careless healthcare professionals. Our medical malpractice lawyers have recovered damages for their injuries and ensured their past, present, and future healthcare needs are met.
If you or a loved one has suffered injuries due to medical neglect, let the dedicated medical malpractice attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner secure the compensation you deserve. Damages can include;
- Complete compensation for medical expenses
- Lost income if you are unable to work
- Loss of future earnings potential
- Pain and suffering damages
- Loss of enjoyment of life damages
- Loss of companionship or loss of consortium
- Possible punitive damages against a grossly negligent party
Contact us for a free consultation of your injuries by clicking here or calling 713-244-5477 or toll-free at 888-229-5094.
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