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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. An El Paso medical malpractice lawyer at Loncar Lyon Jenkins can protect your legal rights and help you recover the fair settlement you deserve.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care in their field, resulting in harm to a patient. This legal concept requires proving four key elements: the existence of a doctor-patient relationship, a breach of the standard of care, causation between the breach and injury, and actual damages suffered by the patient. Healthcare providers are not expected to be perfect, but they must provide care that a reasonably competent professional with similar training would deliver under comparable circumstances. Common examples include surgical errors, misdiagnosis, medication mistakes, birth injuries, and failure to obtain informed consent. However, not all negative medical outcomes constitute malpractice – there must be negligence or incompetence that directly caused harm.
A medical malpractice claim is a legal action taken by a patient (or their representative) against a healthcare provider for negligent medical care that caused injury. The claim must demonstrate that the provider breached their professional duty of care and directly caused harm. To pursue a claim, patients typically need to gather medical records, obtain expert testimony from qualified medical professionals, and file within their state’s statute of limitations. These claims require proving specific elements: existence of a doctor-patient relationship, violation of standard medical care, causation between the negligent act and injury, and quantifiable damages such as additional medical expenses, lost wages, or pain and suffering. Due to their complexity and high costs, medical malpractice claims often require the expertise of experienced medical malpractice attorneys who can navigate healthcare regulations, coordinate with medical experts, and properly value damages.
To determine if you have a medical malpractice case, first assess whether you’ve experienced harm or injury directly resulting from medical care. Document all symptoms, complications, and timeline of events immediately after discovering the potential malpractice. Obtain and review your complete medical records, including test results, prescriptions, and treatment notes. Consider whether your healthcare provider deviated from standard medical practices – not all negative outcomes constitute malpractice, but significant departures from accepted care standards might. Evaluate whether the harm caused measurable damages like additional medical bills, lost wages, or significant pain and suffering.
Due to the complexity of these cases, consult with a medical malpractice attorney in El Paso who can review your case details, obtain expert medical opinions, and determine if your case meets the legal requirements for a viable claim.
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Medical malpractice cases in El Paso require thorough legal knowledge due to Texas’s strict requirements and deadlines. A dedicated attorney analyzes medical records, secures expert testimony, and ensures compliance with state procedures.
These attorneys prove medical negligence by establishing the standard of care, showing how it was breached, and linking that breach to specific damages. They manage crucial timelines, including Texas’s mandatory 60-day notice period and expert report submissions within 120 days.
Medical malpractice attorneys handle negotiations with healthcare providers’ insurers and legal teams while navigating Texas’s damage caps. They advance substantial litigation costs, including expert witness fees, making legal representation possible for injured patients who couldn’t otherwise pursue claims.
Working with an El Paso medical malpractice attorney safeguards your rights while ensuring your claim meets all procedural requirements and maximizes potential compensation within legal limits.
A medical malpractice attorney in El Paso can help you with your claim by conducting an investigation, reviewing all medical records, and working with expert witnesses to prove negligence and your demand for compensation.
Other ways an attorney can help with medical malpractice claims are listed below:
A skilled medical malpractice attorney conducts thorough investigations, reviewing all medical records and consulting with expert witnesses to build a strong foundation for the case.
They handle complex legal documentation, ensuring all paperwork is filed correctly and within required deadlines. This includes preparing and submitting expert reports, legal motions, and other essential documents.
These attorneys interview witnesses, including medical staff and other relevant parties, gathering testimony to support the case.
Experienced malpractice lawyers skillfully negotiate with insurance companies and defense attorneys, leveraging their knowledge to pursue fair settlements while preparing for trial if necessary.
A medical malpractice attorney’s preparedness for trial often motivates insurance companies to offer better settlements, knowing they face experienced litigators ready to pursue justice in court if needed.Their comprehensive approach to case preparation and willingness to go to trial helps ensure victims receive appropriate compensation for their injuries and losses.
As you focus on your recovery, a medical malpractice lawyer in El Paso will handle every aspect of your case, ensuring you secure the fair settlement you’re entitled to.
For a successful claim, a medical malpractice attorney in El Paso must prove four key elements:
First, establishing the standard of care shows that healthcare providers have an obligation to provide reasonable and appropriate treatment comparable to what other professionals would deliver in similar circumstances.
Proving breach of duty demonstrates how the healthcare provider failed to meet the established standard of care. This involves showing specific actions or omissions that deviated from accepted medical practices.
Links the provider’s breach of duty directly to the patient’s injuries. This critical element requires proving that the negligent care, not other factors, caused the harm.
Must be documented to show actual losses suffered by the patient, including medical expenses, lost wages, pain and suffering, and other impacts on their life.
In Texas, medical malpractice claims must generally be filed within two years from either the date of the negligent medical care or the completion of treatment for the specific condition. However, the “discovery rule” may extend this deadline if the injury wasn’t reasonably discoverable within the standard period – though Texas courts interpret this narrowly. For minors under 12, claims can be filed until their 14th birthday. Texas also implements a strict statute of repose, which creates an absolute deadline of 10 years from the date of the medical error, regardless of when it was discovered. The clock begins running when the negligent act occurs, not when the patient discovers the injury. There are also specific notice requirements – patients must provide written notice to each healthcare provider at least 60 days before filing suit, and claims require an expert report within 120 days of filing. Failing to meet these deadlines typically bars the claim permanently, making prompt legal consultation essential if malpractice is suspected.
When selecting a medical malpractice lawyer in El Paso, prioritize attorneys with extensive experience specifically in medical malpractice cases, not just general personal injury law.
Other qualities to look for when choosing a medical malpractice attorney include:
Yes, most medical malpractice lawyers in El Paso offer free initial consultations. During these consultations, attorneys evaluate case merit, explain legal options, and discuss their contingency fee structure where they only get paid if they win the case. They typically advance all costs of litigation and collect fees as a percentage of the final settlement or verdict. This allows patients to pursue valid claims without upfront legal costs. Before the consultation, gather relevant medical records and a timeline of events to help the attorney assess your case effectively.
Finding the best medical malpractice law firm in El Paso requires thorough research and careful consideration of several key factors. The ideal firm should have extensive experience specifically in medical malpractice cases, not just general personal injury work, and maintain strong relationships with qualified medical experts who can provide crucial testimony.
At Loncar Lyon Jenkins, our firm emerges as a leading choice for medical malpractice representation in El Paso. Our team of experienced medical malpractice attorneys demonstrate a deep understanding of both medical terminology and Texas malpractice laws. Our attorneys have also established a strong track record of successful settlements and verdicts in complex medical malpractice cases.
Our firm’s significant resources allow our attorneys to effectively handle the substantial costs of medical malpractice litigation, including expert witness fees and thorough investigations. We also operate on a contingency fee basis, meaning clients don’t pay unless we win their case.
At Loncar Lyon Jenkins, our medical malpractice attorneys in El Paso have cultivated a reputation for working tirelessly and advocating aggressively on behalf of our clients, fighting for the fair settlement they deserve after experiencing medical malpractice. We understand the physical, emotional, and financial toll that medical negligence takes on victims and their families.
Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, resulting in harm to patients.
The most common types of medical malpractice are listed below:
Occurs when healthcare providers fail to identify conditions or make incorrect diagnoses. This can lead to inappropriate treatments, delayed proper care, and significantly worsened conditions. These errors often happen due to failing to order appropriate tests, misinterpreting test results, or not recognizing symptoms.
Include operating on the wrong body part, leaving surgical instruments inside patients, or causing unnecessary damage during procedures. These mistakes can lead to severe complications, requiring additional surgeries, extended recovery times, and permanent disabilities.
Happen when doctors prescribe incorrect drugs, wrong dosages, or fail to check for dangerous drug interactions. These mistakes can cause severe adverse reactions, organ damage, or death. They often occur due to poor communication, failure to review patient histories, or confusion between similarly named medications.
Result from negligent prenatal care or mistakes during delivery that harm mother or child. These can include failure to recognize fetal distress, improper use of delivery tools, or delayed cesarean sections, potentially causing lifelong disabilities or developmental issues.
Involve failing to properly monitor patients, premature discharge, or inadequate follow-up care. These oversights can lead to complications going unnoticed and conditions worsening when proper monitoring would have prevented such outcomes.
Occur when improper amounts are administered or patient histories aren’t adequately reviewed. Even small mistakes can result in brain damage, organ failure, or death, making this one of the most serious forms of medical malpractice.
Happen when patients are improperly triaged, experience delayed treatment, or are prematurely discharged. The fast-paced environment and high-stress conditions of emergency departments can contribute to rushed decisions and overlooked symptoms.
Develop from unsanitary conditions or improper sterilization procedures. These preventable infections can cause severe complications, extended hospital stays, and in some cases, death.
Understanding these common types of medical malpractice is crucial for both healthcare providers and patients. While not every adverse medical outcome constitutes malpractice, recognizing these patterns helps identify when standards of care have been breached and when legal action may be warranted.
Various healthcare professionals can be held liable for medical malpractice when their negligent actions cause harm to patients, including doctors, nurses, surgeons, and anesthesiologists.
Other types of medical professionals who can be held responsible include:
bear primary responsibility for patient care and can be held liable for errors in diagnosis, treatment, medication prescriptions, surgical procedures, or failure to obtain informed consent. This includes both general practitioners and specialists across all medical fields.
Can be held liable for medication administration errors, failing to monitor patients properly, not documenting patient conditions accurately, or not reporting significant changes in patient status to physicians. Their role in direct patient care makes them particularly vulnerable to malpractice claims.
Face liability for surgical errors, operating on wrong body parts, leaving instruments inside patients, or failing to identify and address complications during procedures. This extends to their pre-operative and post-operative care responsibilities.
Can be held responsible for errors in administering anesthesia, failing to monitor vital signs, or not reviewing patient histories for potential complications. Their mistakes can have severe or fatal consequences.
May be liable for dispensing incorrect medications, wrong dosages, or failing to identify dangerous drug interactions. Their role in medication safety makes them crucial in preventing prescription-related harm.
Including hospitals and clinics, can face liability through vicarious responsibility for their employees’ actions or direct liability for systemic issues like inadequate staffing, poor sanitization, or faulty equipment maintenance.
Including lab technicians, radiology technicians, and other specialists, can be held liable for errors in testing, analysis, or reporting that lead to misdiagnosis or improper treatment.
Ultimately, determining liability in medical malpractice cases often involves multiple parties and requires careful examination of each healthcare provider’s role in the patient’s care. Success in these cases typically depends on proving that the healthcare provider failed to meet the accepted standard of care in their field.
In medical malpractice cases in El Paso, compensation falls into two main categories: economic and non-economic damages.
Economic damages are quantifiable monetary losses that can be calculated with documentation, while non-economic damages are subjective, intangible losses related to quality of life and emotional impact. Texas law caps non-economic damages at $250,000 per healthcare provider, with a maximum of $750,000 total across all providers, while economic damages remain uncapped.
Economic damages include:
Covering additional treatments, surgeries, medications, rehabilitation, and ongoing care required due to the malpractice. These costs must be directly related to injuries sustained from negligent care.
Represent economic damages when malpractice prevents victims from working temporarily or permanently. This includes salary, benefits, bonuses, and any reduction in future earning potential.
Qualify as economic damages, including medical equipment, home modifications, transportation costs to medical appointments, and other direct costs resulting from the malpractice.
Non-economic damages include:
Compensate victims for the actual physical discomfort and pain endured due to the malpractice. This covers both immediate and chronic pain resulting from negligent care.
Address psychological trauma, anxiety, depression, and other emotional impacts caused by the malpractice. This includes fear, worry, and mental suffering related to the injury.
Compensates victims for limitations on their ability to participate in previously enjoyed activities, hobbies, or lifestyle choices due to their injuries.
Cover the impact on relationships with spouses or family members, including loss of companionship, affection, and support due to the malpractice injuries.
Address lasting physical changes or limitations that affect appearance or function, impacting both quality of life and future opportunities.
In Texas, successful medical malpractice claims require thorough documentation of all damages, particularly economic losses. Working with an experienced medical malpractice attorney and medical experts helps ensure proper valuation and presentation of both economic and non-economic damages within the state’s legal framework.
If you have lost a loved one to fatal medical malpractice, Loncar Lyon Jenkins offers its sincere condolences. Our attorneys will review your damages and calculate their value to determine the value of your claim. As with a medical malpractice injury case, we can seek compensation for economic and non-economic damages.
If the medical malpractice incident causes the patient to die, the family can also recover damages. In these cases, several other damages (including funeral expenses, loss of consortium, loss of financial support, and more) will be part of the case.
In El Paso, our attorneys serve the following areas:
The medical malpractice claims process can often be confusing. Many victims hesitate to call a law firm for help because they’re intimidated and uncertain. Calling Loncar Lyon Jenkins, however, will allow you to focus on your recovery while we fight for fair compensation.
Below, we have addressed some of the most frequently asked questions surrounding medical malpractice claims in El Paso. If you have further questions, we can discuss them during your free consultation.
Before receiving medical treatment or care, your healthcare providers must inform you of the side effects and risks. Once you have consented to medical treatment or care, this is referred to as informed consent.
This matters in medical malpractice cases, as healthcare providers often attempt to hide their medical mistakes behind informed consent. Your attorney will need to carefully examine the treatment you receive, your medical condition, and other factors to determine whether your injury or illness resulted from the risks and side effects associated with your treatment.
If you hope to move forward with a medical malpractice lawsuit in Texas, you must act quickly. The statute of limitations only allows for a maximum of two years before you lose the opportunity to file your lawsuit (Texas Civil Practice and Remedies Code § 16.003). There may be exceptions, though, so contact Loncar Lyon Jenkins even if more than two years have passed since the instance of medical malpractice.
If you hope to avoid your case being barred by the El Paso civil court system, make sure to get legal help as soon as possible. The sooner we get started on your case, the more likely we can recover the evidence we will need to prove liability.
You are certainly within your rights to settle with the insurance company. The healthcare provider responsible for causing your injuries will likely benefit from malpractice insurance. However, do not be surprised if the insurance company attempts to deny you the compensation you deserve.
Insurance companies are for-profit and care more about their financial interests than they do about victims of medical malpractice.
However, this should not release them from their financial obligation. If the insurance company attempts to make you a low offer or reduce your compensation under Texas proportionate responsibility laws, have your attorney step in and advocate for your rights.
Texas follows proportionate responsibility laws with a 50% threshold. If your portion of liability does not exceed 50%, you can still recover compensation for your damages despite sharing fault. However, you should also expect the defense to attempt to place unwarranted blame on you.
For example, liable parties may argue that you failed to pursue follow-up care or are otherwise partially at fault for your injuries. Your El Paso medical malpractice lawyer will be by your side, ready to argue that liable parties are wholly responsible for your damages.
Clay Jenkins started his personal injury practice in 1989 after clerking for the Texas Supreme Court. He co-counseled some of Brian Loncar’s biggest cases for 25 years before purchasing an interest in the firm. He is the former Chairman of the Board of Advocates for the Texas Trial Lawyers Association and previously served as President of the Dallas Trial Lawyers Association. Learn More
Our highly experienced lawyers will contact you for a Free Legal Consultation.
If you are a victim of medical malpractice, let the legal team at Loncar Lyon Jenkins help. Our El Paso medical malpractice attorneys 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 (888) 902-3357 for a free consultation.
