Medical Malpractice Lawyer in West Texas

When you put your health in a doctor's hands, you trust them to provide competent care. When a healthcare provider's mistake causes harm, or a medication does not do what it should, the consequences can be serious and lasting. The Daspit Law Firm helps patients and families across West Texas understand their legal options after medical errors and pharmaceutical injuries.

What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider's care falls below the accepted standard of care and that failure causes injury. Doctors, nurses, surgeons, hospitals, pharmacists and other providers can be responsible. Not every bad outcome is malpractice. Medicine carries risks, and a lawyer and medical expert must review the records to determine whether the standard of care was breached.

Common Types of Medical Malpractice

•       Misdiagnosis, delayed diagnosis or failure to diagnose

•       Surgical errors, including wrong-site surgery and retained instruments

•       Birth injuries

•       Anesthesia errors

•       Medication errors

•       Failure to obtain informed consent

•       Hospital-acquired infections and negligent post-operative care

Pharmaceutical Injuries

Injuries can also result from medication. These can be the result of negligence in several ways:

•       A doctor or nurse prescribed the wrong drug or dose

•       A provider prescribed a medication that interacts dangerously with the patient's other medications

•       A pharmacist filled a prescription incorrectly

•       A drug was defective, or the manufacturer failed to warn about known risks

Claims for dangerous drugs and devices may be product liability claims against the manufacturer. See product liability and transvaginal mesh lawsuits. Texas law gives some drug manufacturers additional legal protection when their products complied with FDA requirements, so these cases require a careful legal review.

Texas Rules That Affect Medical Malpractice Claims

•       Notice: Texas generally requires written notice to a provider at least 60 days before filing a malpractice lawsuit.

•       Expert report: Early in the case, the claimant must serve an expert report on each defendant, and the case can be dismissed if it is not served on time.

•       Damage limits: Texas caps non-economic damages in many malpractice cases, but economic damages, such as medical bills and lost income, are not capped in the same way.

•       Emergency care: Claims arising from emergency room care generally require proof of a higher standard of fault.

•       Deadline: Most claims must be filed within two years.

Compensation You May Be Able to Recover

•       Past and future medical expenses

•       Lost wages and lost earning capacity

•       Pain and suffering and mental anguish

•       Physical impairment and disfigurement

•       Wrongful death damages for families, see wrongful death

Frequently Asked Questions About Medical Malpractice in West Texas

How do I know if I have a malpractice case?

A case generally requires that a healthcare provider breached the standard of care and that the breach caused a significant injury. A lawyer and a medical expert review your records to decide.

What is the deadline for a medical malpractice lawsuit in Texas?

Generally two years from the date of the treatment or the end of a course of treatment, with other rules and limits. Talk to a lawyer promptly.

Are there damage limits in Texas medical malpractice cases?

Yes. Texas caps non-economic damages in most malpractice cases against physicians and healthcare institutions. Medical expenses and lost income are treated differently.

Can I sue a hospital?

Yes, depending on the facts. Hospitals can be responsible for their own negligence and for some providers they employ or have authorized to practice there.

What if a medication harmed me?

The claim might be against the prescriber, a pharmacist, or the drug's manufacturer. Keep the medication and the packaging, and your medical and pharmacy records.

Do I need an expert to bring a medical malpractice claim?

Yes. Texas requires an expert report early in the case, and we work with qualified medical experts.