Sometimes, healthcare practitioners can make mistakes that can catastrophically injure their patients, and some injuries might even lead to death. While nothing can make up for an injury or the death of a loved one, compensation for medical bills, lost wages, and pain and suffering can help you cope up with the tragedy.
If you or your loved one suffered injuries due to the mistake of a medical care provider, you may be compensated for your losses and injuries. Your El Paso medical malpractice lawyer can help protect your legal rights. At Loncar Lyon Jenkins, our team can handle your case.
Pursuing Damages for Medical Malpractice
If you were injured due to a medical error and suffered subsequent damages, you might be eligible to pursue compensation for medical malpractice.
Depending on the details of your case, we may also pursue the following damages:
- Economic damages: These damages may include in-home medical care, loss of income, replacement costs, medical bills, and lost earning capacity.
- Non-economic damages: These damages may include loss of livelihood, pain and suffering, loss of quality of life, and emotional distress.
- Damages related to wrongful death: These damages may include the deceased’s pain and suffering from before their death, loss of companionship, loss of income contribution, and funeral expenses.
When you work with your lawyer, they can seek a medical specialist who will assess your condition to understand the full extent of your losses.
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Medical Errors Can Occur in Several Instances
Medical malpractice takes many forms, some of which you may not be aware of. Your lawyer can help you build a medical malpractice claim if you suffered injuries due to a medical error.
Some examples of medical errors include:
- Surgical errors, such as forgetting instruments in the body after surgery
- Prescribing the wrong medication or dosage
- Failure to consider the patient’s medical history and current medications
- Dangerous drug interactions
- Nursing home negligence or abuse
- Defective medical implants
- Misdiagnoses
- Failure to admit medical emergencies
- Anesthesia errors
- Failure to properly discharge a patient
You may not know when you have a valid medical malpractice case on your hands. If you have medical bills piling up and wonder if it was not your fault, a lawyer can investigate your case and determine if medical malpractice occurred.
Medical Malpractice Can Cause New Injuries and Further Complications
Medical malpractice can result in a variety of injuries and complications. Here are a few examples.
Illnesses From a Misprescribed Medication
A wrong prescription or dosage can cause drug injuries. If a person gets a wrong prescription or dosage and has certain health conditions, they might react negatively to the medication. This can result in an injury or worsened condition. Medical practitioners are mandated to understand your medical history before they prescribe any medications.
Healthcare practitioners should understand how a prescription may interact with existing medications. Physicians have the responsibility to give the correct prescription in accordance with pre-existing medical conditions and allergies. When they fail to do this, you can become gravely ill.
Birth Injuries
When medical malpractice occurs during delivery, newborns can sustain birth injuries, which may vary in severity. Certain birth injuries are preventable and might only occur because of a practitioner’s negligence.
Your El Paso medical malpractice lawyer may help you file for certain birth injuries, such as:
- Brain damage
- Cerebral palsy
- Fractured bones
- Facial paralysis
A child may face a lifetime of medical complications due to a birth injury, and you have the right to seek compensation for the ongoing care they will require.
Infections
If a surgeon uses unsterilized equipment or a medical facility fails to maintain a clean environment, a medical procedure could leave a patient with an infection. Some infections, such as MRSA and sepsis, can be severe and even life-threatening. They can result in ongoing medical conditions that cause a loss of quality of life and require extensive treatment.
The Worsening of Existing Injuries and Illnesses
New injuries and illnesses are not the only things you have to worry about when medical malpractice occurs. Your original injury or condition will also suffer from the lack of appropriate treatment. The more time that passes, the worse your initial condition may become, and you will have to address it along with any new injuries you suffer.
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Proving Negligence in Medical Malpractice Cases
According to Johns Hopkins Medicine, more than 250,000 people die every year because of a medical error. Medical practice occurs when a healthcare practitioner provides treatment that is below the acceptable standards of medical care.
Doctors, anesthesiologists, nurses, dentists, pharmacists, and other medical practitioners are trusted to exercise care in the services they provide. They must adhere to the standards of care or they may be held accountable for damages they cause.
To hold a medical professional liable, you must usually demonstrate that they acted in a way that another professional reasonably would not have. This can require the testimony of medical experts, and we can help with this. We can investigate your case to see where your injury or illness occurred and how negligence may have played a role.
What Our El Paso Medical Malpractice Lawyer Can do for You
Our team at Loncar Lyon Jenkins is ready to answer any legal questions you may have. Our team may also provide the following services:
- Reviewing your medical records
- Collecting relevant evidence
- Ensuring the accuracy of your documents
- Guiding you through the legal process for a medical malpractice lawsuit
- Fighting for compensation on your behalf
Statute of Limitations
Most states have a deadline for how long you have to pursue a medical malpractice lawsuit. Texas is no exception.
According to the Texas Civil Practice and Remedies Code § 74.251, the statute of limitations dictates that a victim must file a lawsuit within two years of the medical malpractice incident.
Children harmed by medical malpractices before the age of 12 must file a claim before they turn 14. After they turn 14, the court will bar them from filing a lawsuit if the statute of limitations also passes.
Protecting Your Rights
There are a few things you can do to protect your legal rights when pursuing compensation. Consider working with your lawyer for help investigating your injuries and navigating the legal process.
A medical malpractice case has a lot of details to keep tabs on. Try to document everything. Keep a record of the doctor’s name and the prescription dosages. When medical malpractice occurs, almost everyone involved in your medical care may be held accountable. The hospital can be just as liable as practitioners.
You will also need to obtain copies of your medical records. Medical reports are important documents in a medical malpractice case. However, according to the Health Insurance Portability and Accountability Act, you will need to sign a release form before your attorney can go through the records.
Let Loncar Lyon Jenkins Work on Your Medical Malpractice Case
If you are a victim of medical malpractice, our team wants to help you. Our team can advise you on how to move forward with your case while you focus on resting and recovering from your injuries or illnesses.
We work on a contingency-fee basis, so there is no up-front charge for our legal services. Additionally, you only pay us if we win compensation on your behalf. Call Loncar Lyon Jenkins today at (877) 239-4878 for a free consultation.
