A TEXAS LAW FIRM with a NATIONAL REPUTATION for RELENTLESSLY PURSUING JUSTICE.

We go to the doctors seeking medical treatment for preventative care, recommended treatments and life-saving surgeries. Far too often practitioner errors, including misdiagnoses, surgical errors, birth injuries, failure to monitor, and pharmaceutical errors have left patients in worse conditions than when treatment began. Hilliard Law attorneys know how to go up against these medical providers and get you the justice you and your loved ones deserve.

Texas Medical Negligence Lawyers, Nationwide Advocacy

We go to the doctors seeking medical treatment for preventative care, recommended treatments, and life-saving surgeries. Far too often practitioner errors, including misdiagnoses, surgical errors, birth injuries, failure to monitor, and pharmaceutical errors have left patients in worse conditions than when treatment began. Hilliard Law attorneys know how to go up against these medical providers and get you the justice you and your loved ones deserve. Call us today at 361-203-4394 and request a free consultation to speak with a trusted medical malpractice attorney

Understanding Medical Negligence

Medical negligence refers to a healthcare provider’s failure to provide the level of care that a reasonably skilled and competent medical professional would have provided under similar circumstances. When medical negligence occurs, the impact on patients can be significant, both physically and emotionally.

Types of Medical Negligence

Medical malpractice encompasses a multitude of negligence and mistakes within the healthcare system, with severe consequences for patients. At Hilliard Law, our experienced team of medical litigators has won advantageous verdicts and settlements for clients in a broad variety of medical cases. Some common types of medical malpractice cases we represent include:

Misdiagnosis: One of the most common forms of medical negligence is misdiagnosis. This occurs when a healthcare provider fails to correctly identify a patient’s condition, leading to delayed or incorrect treatment. Misdiagnosis can have serious consequences, as it can result in the progression of a disease or condition, unnecessary treatments, or even wrongful death. For example, a patient with cancer may be misdiagnosed with a less serious condition, causing a delay in receiving appropriate treatment and potentially worsening their prognosis.

Medication Errors: Medication errors are another prevalent form of medical negligence. These errors can occur at various stages, from prescribing the wrong medication to administering the wrong dosage. Medication errors can have severe consequences, including adverse drug reactions, organ damage, or even death. Healthcare providers must exercise caution and double-check all prescriptions and dosages to prevent such errors.

Our firm has earned a national reputation for going toe-to-toe with pharma giants like Bristol-Meyers Squibb, GlaxoSmithKline, Bayer, and Johnson & Johnson, setting us apart from other law firms.

Unsafe drug trials: Pharmaceutical companies may put profit before patient safety and downplay injury or death caused by experimental drugs

Surgical Mistakes: Surgical mistakes are also a significant concern when it comes to medical negligence. These errors can range from operating on the wrong body part to leaving surgical instruments inside a patient’s body. Surgical mistakes can lead to complications, infections, and prolonged recovery periods. Patients who experience surgical negligence may require additional surgeries to correct the mistakes, further adding to their physical and emotional distress.

Birth Injuries: Birth injuries are particularly devastating forms of medical negligence. These occur during childbirth and can result in lifelong disabilities or even the loss of the newborn. Birth injuries can be caused by a variety of factors, including improper monitoring of the mother and baby, improper use of delivery instruments, or failure to perform a timely cesarean section when necessary. The emotional toll on parents and families affected by birth injuries is immeasurable, as they must navigate the challenges of caring for a child with special needs.

Nursing Home Abuse: Nursing home abuse is a distressing and unethical form of medical negligence that occurs when residents in long-term care facilities, such as nursing homes, are subjected to mistreatment or harm. This abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, neglect, financial exploitation, and more. Nursing home abuse often results in physical and psychological harm, making it essential for healthcare providers and staff to recognize and prevent such incidents, as well as report them promptly.

Drug or Medical Device Recalls: Another critical aspect of medical negligence is the failure to respond appropriately to drug or medical device recalls. This occurs when healthcare providers continue to use or prescribe pharmaceuticals or medical devices that have been recalled due to safety concerns, defects, or other issues. Negligence in handling such recalls can lead to adverse health effects, including severe injuries and complications for patients. Healthcare professionals have a duty to stay informed about recalls and act accordingly to protect their patients’ well-being.

Medical negligence is a serious issue that can have profound consequences for patients. Healthcare providers need to prioritize patient safety and take all necessary precautions to prevent such errors. Individuals impacted by medical negligence should consider seeking legal counsel to safeguard their rights and pursue the compensation they are entitled to with the assistance of a skilled personal injury attorney from Hilliard Law.

The Devastating Effects of Medical Injuries

Medical injuries can have long-lasting consequences for victims. Physical pain, disability, and loss of quality of life are just a few of the potential outcomes. These serious injuries can also lead to emotional trauma, financial hardships, and strained relationships with loved ones. Recognizing the toll medical injuries take on victims is crucial in understanding the importance of seeking justice and holding responsible parties accountable.

When a person becomes a victim of a medical injury, the impact on their physical well-being can be profound. The pain experienced can range from mild discomfort to excruciating agony, depending on the severity of the injury. Simple tasks that were once taken for granted, such as walking, eating, or even getting out of bed, can become incredibly challenging or even impossible.

Medical injuries often result in long-term or permanent disabilities. For instance, a person who undergoes a surgical procedure may suffer nerve damage, leading to paralysis or loss of sensation in certain parts of their body. This loss of physical function can dramatically alter a person’s independence and ability to perform daily activities, leading to a diminished quality of life.

However, the consequences of medical injuries extend far beyond the physical realm. Victims often experience emotional trauma as a result of their ordeal. The fear, anxiety, and distress associated with the injury can have a profound impact on their mental well-being. They may develop symptoms of post-traumatic stress disorder (PTSD), such as nightmares, flashbacks, or hypervigilance, which can further exacerbate their suffering.

The emotional toll, medical injuries can also lead to significant financial hardships for injured victims. The cost of medical treatment, rehabilitation, and ongoing care can quickly accumulate, placing a heavy burden on the victim and their family. The victim may be unable to work or may experience a loss of earning capacity due to their injury, further exacerbating their financial struggles.

Medical injuries can strain relationships with loved ones. The victim may require constant support and assistance from their family members, who may need to take on caregiving responsibilities. This can lead to feelings of frustration, resentment, and even guilt within the family dynamics. The emotional strain caused by the injury can also make it challenging for the victim to maintain healthy relationships, as they may struggle with feelings of isolation or a sense of being a burden.

Recognizing the devastating effects of medical injuries is crucial in advocating for justice and holding responsible parties accountable. Victims deserve not only compensation for their physical and financial losses but also acknowledgment of the emotional and psychological toll they have endured. By raising awareness about the profound impact of medical injuries, we can work towards a healthcare system that prioritizes patient safety and ensures that all injury victims receive the support and care they deserve.

Steps to Take if You Believe You’re a Victim of Medical Malpractice

If you believe you are a victim of medical malpractice, here are the steps you should consider taking:

  1. Seek Immediate Medical Attention: If you’re experiencing complications or have concerns about the medical treatment you received, seek medical attention from a different healthcare provider to address any potential issues or complications.
  2. Gather Documentation: Collect all relevant medical records, test results, prescriptions, and any other documents related to your treatment. These records will be essential in assessing whether medical malpractice occurred.
  3. Consult with an Attorney: Reach out to a qualified medical malpractice attorney with experience in handling such cases. They can provide legal guidance and assess the strength of your case during an initial consultation.
  4. Request a Second Opinion: Obtain a second opinion from another healthcare professional to evaluate your condition and provide an independent assessment of the care you received.
  5. Preserve Evidence: Keep all evidence related to your case, including medical bills, receipts, correspondence, and any written communication with healthcare providers. Document your injuries and their impact on your life through photographs or a journal.
  6. Report to Licensing Boards: If you suspect negligence or misconduct by a healthcare provider, consider reporting them to the appropriate state licensing board or medical regulatory agency. This step may help protect others from similar experiences.
  7. Understand the Statute of Limitations: Be aware of your state’s statute of limitations for medical malpractice cases, as there is a time limit for filing a lawsuit. Your attorney can advise you on the specific deadlines in your jurisdiction.
  8. Negotiate with Insurance Companies: Your attorney can assist in negotiating with the healthcare provider’s insurance company to reach a settlement. Be cautious when dealing with insurance adjusters and consult your attorney before accepting any offers.
  9. 9. File a Lawsuit: If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a medical malpractice lawsuit. This legal action seeks compensation for damages resulting from the malpractice.
  10. Prepare for Litigation: Work closely with your attorney to prepare for the legal process, which may include depositions, expert witness testimonies, and court appearances. Your attorney will guide you through each step of the lawsuit.

Remember that medical malpractice cases can be complex, and outcomes vary depending on the specific circumstances. Consulting with a qualified attorney at Hilliard Law early in the process is crucial to understanding your options and pursuing the best course of action.

Your Rights as a Medical Negligence Victim

If you have been a victim of medical negligence, you have legal rights that must be protected. These rights include the right to compensation for medical expenses, lost wages, pain and suffering, and other damages. It is essential to consult with an experienced medical malpractice lawyer who focuses on medical negligence cases to understand your rights and explore your options for pursuing a legal claim.

One of the primary rights of medical negligence victims is the right to compensation for medical expenses. When a healthcare provider’s negligence causes harm, victims often face significant medical bills for necessary treatments, surgeries, medications, and rehabilitation. These expenses can quickly add up and place a heavy financial burden on the victim and their family. However, victims have the right to seek compensation for these costs through a legal claim.

Victims also have the right to seek compensation for lost wages. Medical negligence can result in severe injuries or illnesses that require time off work for treatment and recovery. This can lead to a loss of income, making it challenging for victims to support themselves and their families. By pursuing a legal claim, victims can seek compensation for the wages they have lost and any future earning capacity that may be affected.

Pain and suffering is another significant aspect of a medical negligence claim. When a victim experiences physical pain, emotional distress, or a diminished quality of life due to medical negligence, they have the right to seek compensation for these damages. While it can be challenging to put a monetary value on pain and suffering, it is an essential aspect of seeking justice for the harm caused.

Victims of medical negligence have the right to hold the responsible party accountable for their actions. By pursuing a legal claim, serious accident victims can not only seek compensation for their damages but also send a message that medical negligence will not be tolerated. This can help prevent similar incidents from occurring in the future and promote patient safety.

If you have been a victim of medical negligence, it is essential to understand your rights and take appropriate action. By consulting with an experienced attorney at Hilliard Law, you can explore your options for pursuing a legal claim and seek the compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages. Remember, you do not have to face the aftermath of medical negligence alone, at Hilliard Law help is available to protect your rights and seek justice.

Proving Medical Negligence 

Proving medical negligence can be a complex process. It requires a thorough understanding of the legal and medical aspects involved. To establish a strong case, you will need to gather evidence that demonstrates the following:

  1. The healthcare provider owed a duty of care to the patient: When seeking medical treatment, patients have the right to expect a certain standard of care from healthcare providers. This duty of care means that the healthcare provider has an obligation to provide treatment that is in line with accepted medical practices and standards. Establishing this duty of care is the first step in proving medical negligence.
  2. The healthcare provider breached that duty through negligent actions or omissions: Once the duty of care has been established, it is necessary to prove that the healthcare provider breached that duty. This can be done by demonstrating that the provider’s actions or omissions fell below the accepted standard of care. Negligent actions may include misdiagnosis, surgical errors, medication errors, or failure to properly monitor a patient’s condition.
  3. The patient suffered harm as a direct result of the provider’s breach of duty: To have a valid medical negligence claim, it is essential to show that the patient suffered harm as a direct result of the healthcare provider’s breach of duty. This harm can be physical, emotional, or financial. It may include additional medical expenses, pain and suffering, loss of income, or long-term disability. Proving the causal link between the provider’s breach of duty and the patient’s harm is crucial.

Working with a skilled attorney who focuses on medical negligence cases will be crucial in gathering the necessary evidence and building a strong legal claim. An experienced attorney will have the knowledge and resources to navigate the complexities of medical malpractice law and ensure that your rights are protected.

During the process of proving medical negligence, it is important to gather all relevant medical records, including doctor’s notes, test results, and treatment plans. These documents can provide valuable evidence to support your claim. Additionally, professional witnesses may be called upon to testify and provide their professional opinion on the standard of care and whether it was breached in your case.

It is also worth noting that medical negligence cases can be time-consuming and emotionally challenging. The legal process can be lengthy, involving negotiations, depositions, and potentially a trial. It is important to have a supportive network of family, friends, and healthcare and legal professionals who can provide emotional and practical support throughout the process.

Proving medical negligence requires a comprehensive understanding of the legal and medical aspects involved. By working with a skilled attorney and gathering the necessary evidence, you can build a strong legal claim and seek the compensation you deserve for the harm you have suffered.

Evaluating Your Medical Negligence Claim 

When evaluating a medical negligence claim, several factors will influence the strength and potential outcome of your case. These include:

  • The severity of the injuries or illnesses caused by the medical negligence
  • The degree of negligence exhibited by the healthcare provider
  • The availability and strength of supporting evidence
  • The financial resources and insurance coverage of the responsible party

By carefully assessing these factors, our knowledgeable attorney can provide an informed evaluation and advise you on the best course of action.

Seeking Compensation and Damages

Compensation for medical negligence and injuries can include medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages. The exact amount of compensation will depend on various factors, such as the severity of the injuries sustained, the impact on the victim’s life, and the economic losses incurred. Our personal injury lawyers can accurately assess the value of your claim and negotiate with insurance companies or pursue legal action to maximize your potential compensation.

The Role of Professional Witnesses

Professional witnesses play a crucial role in medical negligence cases. These professionals, often doctors or other healthcare providers, provide their knowledge and opinions on the standard of care and whether it was breached in the specific circumstances of the case. Their testimony can be instrumental in proving negligence and strengthening your claim. 

Settlement vs. Trial

When pursuing a personal injury claim stemming from medical negligence, you’ll face a crucial decision: whether to pursue a settlement or opt for a trial. Each choice comes with its own set of advantages and drawbacks that necessitate thoughtful evaluation. A settlement can bring about a swift resolution, sparing you the uncertainty of a trial, yet it may lead to a lesser compensation amount. On the flip side, opting for a trial enables a more comprehensive examination of the evidence but does come with the inherent risk of an unfavorable jury verdict. Our seasoned personal injury lawyers stand ready to offer informed counsel tailored to the unique circumstances of your case, ensuring you make the most appropriate choice. Rest assured that our experienced team is well-prepared to vigorously litigate and fight for the fair compensation you rightfully deserve. Your best interests are our priority, and we’re dedicated to relentlessly pursuing justice on your behalf.

Building a Strong Legal Case

Building a compelling medical negligence claim requires a strategic and thorough approach. As your attorney, we will conduct a meticulous investigation, gather relevant medical records and documents, consult with professional witnesses, and develop a legal strategy tailored to your specific case. By preparing a strong case, your attorney will position you for the best chance of success in achieving a favorable outcome.

Navigating the Complexities of Medical Malpractice 

Medical negligence personal injury cases can be legally complex, involving intricate medical information and extensive legal procedures. Understanding the nuances of these personal injury law cases requires experience. An attorney focusing on medical malpractice will be familiar with the specific laws and regulations that govern such claims, ensuring that your case is handled correctly from start to finish.

When it comes to medical malpractice lawsuits, the stakes are high. Patients who have suffered harm due to medical negligence often face significant physical, emotional, and financial burdens. To seek justice and compensation, it is crucial to have a skilled legal professional who understands the complexities of these cases.

One of the key challenges in medical malpractice and most personal injury cases is the need to navigate through intricate medical information. Medical records, test results, and professional opinions are just some of the elements that need to be carefully analyzed and understood. At Hilliard Law, our medical malpractice attorneys have the knowledge and experience to decipher these complex medical documents and identify any instances of negligence or wrongdoing.

Medical malpractice cases involve extensive legal procedures that can be overwhelming for individuals without legal training. From filing the initial complaint to gathering evidence, conducting depositions, and presenting arguments in court, numerous steps must be followed to ensure a successful outcome. As your legal partner, we will guide you through each stage of the legal process, ensuring that all necessary paperwork is filed correctly and all deadlines are met.

It is important to know medical malpractice laws and regulations can vary from state to state. It is essential to work with an attorney who is well-versed in the specific laws governing medical malpractice claims in your jurisdiction. They will have a deep understanding of the legal precedents, statutes of limitations, and other important factors that can significantly impact the outcome of your case.

Medical malpractice cases can be lengthy and complex, often involving battles with insurance companies and healthcare providers. Having a skilled attorney by your side will not only increase your chances of success but also provide you with the support and guidance you need during this challenging time.

Medical Negligence Attorneys Committed to Ensuring Justice for Victims

A medical practitioner’s mistake can be a matter of life or death for the patient. At Hilliard Law, our medical malpractice attorneys can help you identify if your medical care or procedure was negligent and help you find the compensation you deserve. 

With a proven track record of success, our attorneys have earned a reputation for their unwavering commitment to justice and their relentless pursuit of fair compensation for their clients.

Our skilled medical negligence attorneys understand that medical malpractice cases can be emotionally and financially draining for victims and their loved ones. That’s why we take a compassionate and client-focused approach to every case we handle. We recognize the profound impact that medical errors can have on a person’s life, and we are here to provide not only legal representation but also the support and guidance needed during this challenging time.

Our national trial lawyers have the resources and knowledge to handle cases across state lines and can ensure that your claim is pursued in the most effective manner possible, regardless of where the negligence occurred.

 

When you choose Hilliard Law to represent you in your medical malpractice claim, you can expect:

  • Extensive Experience: Our attorneys have a deep understanding of the complexities of medical malpractice law. They have successfully litigated a wide range of cases, from surgical errors and misdiagnoses to medication mistakes and birth injuries.
  • Thorough Investigation: We leave no stone unturned when it comes to investigating your case. Our legal team works with medical experts to gather evidence, review medical records, and consult with specialists to build a strong and compelling case on your behalf.
  • Tenacity in the Courtroom: Hilliard Law’s attorneys are formidable advocates in the courtroom. They are not afraid to take your case to trial if necessary, and their litigation skills are highly regarded within the legal community.
  • Personalized Attention: We understand that every case is unique, and we tailor our legal strategies to your specific circumstances. Your attorney will work closely with you to ensure your voice is heard and your concerns are addressed throughout the legal process.
  • Compassion and Support: Dealing with the aftermath of medical malpractice can be emotionally challenging. Our attorneys and staff are here to provide the empathy, support, and guidance you need to navigate this difficult journey.
  • Results-Driven Advocacy: At Hilliard Law, our primary goal is to secure the compensation and justice you deserve. We will fight tirelessly to hold negligent medical professionals accountable for their actions and help you obtain the financial resources necessary to cover medical expenses, lost wages, and pain and suffering.

 

Our personal injury lawyers have been helping victims of personal injury since 1985. We know how to fight for you. We are committed to standing up for your rights and pursuing the justice you deserve.

Contact Us- Trusted Advocates for Victims of Medical Negligence

In times of medical crisis and uncertainty, you need a dedicated and experienced legal team by your side. Hilliard Law’s national medical malpractice lawyers are here to champion your cause, tirelessly pursuing justice on your behalf. With our track record of securing favorable outcomes for clients in a wide range of medical cases, you can trust us to provide the unwavering support and expertise you deserve.

If you or a loved one have suffered the consequences of medical malpractice, don’t let your voice go unheard. Contact Hilliard Law today at 361-203-4394 to discuss your case and explore your legal options. Our team is ready to stand with you, advocating for the justice and compensation you need to move forward. Your story matters, and we are here to help you tell it.

MEDICAL NEGLIGENCE FREQUENTLY ASKED QUESTIONS

What are common examples of medical malpractice?

Common examples include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to provide appropriate treatment.

How do I prove medical malpractice occurred?

To establish medical malpractice, you typically need to demonstrate four key elements:

  • Duty: Show that the healthcare provider owed you a duty of care.
  • Breach of Duty: Prove that the provider failed to meet the standard of care.
  • Causation: Establish that the breach of duty directly caused your injury. d. Damages: Document the harm or losses you suffered as a result.
What types of damages can I seek in a medical malpractice lawsuit?

In a medical malpractice case, you can pursue various types of damages, including:

  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Emotional distress
  • Rehabilitation costs
  • Punitive damages (in cases of extreme negligence)

Keep in mind that the specific details of your case will determine the types and amounts of damages you may be eligible to claim. Consulting with a qualified attorney is crucial to understanding your legal options and potential outcomes.

How Can We Help? Contact Us for a Free Consultation

It’s our mission to hold the powerful accountable for their wrongdoing. Reach out to our team immediately regarding your case to schedule a free attorney consultation today.

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