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When we visit our health care providers, we put our lives in their hands. However, while some medical professionals dedicate their lives to helping their patients, others do more harm than good. If a medical professional harmed you or a loved one, a Houston medical malpractice lawyer at Loncar Lyon Jenkins could seek compensation for your injury-related expenses.
At Loncar Lyon Jenkins, our Houston medical malpractice attorneys can gather evidence to show how you suffered harm due to medical malpractice. From there, we can file an insurance claim or lawsuit to help you secure financial recovery.
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 Houston 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 occurs when healthcare professionals fail to provide the standard of care, resulting in patient harm. Here are the most common types:
Accounts for 33% of medical malpractice claims. Includes completely missed diagnoses, delayed diagnoses, or incorrect diagnoses. Johns Hopkins research found diagnostic errors affect 12 million Americans annually, with 40,000-80,000 hospital deaths linked to these mistakes.
Represents 25% of cases. Includes wrong-site surgery, unnecessary procedures, retained surgical instruments, and anesthesia errors. JAMA Surgery reports 4,000 surgical “never events” occur annually, with one in 12,000 surgeries involving retained foreign objects.
Comprises 20% of malpractice claims. Involves incorrect dosages, wrong medications, failure to check drug interactions, or improper administration. FDA data shows medication errors harm 1.5 million Americans yearly, costing over $3.5 billion in additional medical expenses.
Makes up 10% of medical malpractice cases. Includes cerebral palsy, brachial plexus injuries, and fractures from improper delivery techniques. CDC statistics show 7 birth injuries occur per 1,000 births, with 28,000 babies harmed annually from preventable birthing complications.
Accounts for 12% of claims. Occurs when doctors correctly diagnose but provide inadequate treatment, premature discharge, or insufficient follow-up care. Harvard Medical Practice Study found 27% of negligent care cases involve failure to treat appropriately.
These forms of medical negligence cause significant harm to patients nationwide. According to the Institute of Medicine, medical errors contribute to approximately 250,000 deaths annually, making it the third leading cause of death in the United States.
In Texas medical malpractice cases, multiple parties can be held legally responsible for patient harm:
Primary liability for negligent care within their specialty. Must be proven they violated the accepted standard of care. Typically carry $200,000-$500,000 malpractice insurance per incident in Texas.
Directly liable for institutional negligence (inadequate policies, insufficient staffing, unsafe conditions). Vicariously liable for employees’ actions under respondeat superior doctrine. Named in 45% of Texas malpractice lawsuits.
Liable for negligence in patient care, medication administration, and failure to monitor or report changes. Texas Nursing Practice Act establishes care standards. Named in approximately 20% of Houston malpractice cases.
Face specific liability for surgical and anesthesia errors. A higher standard of care applies, with anesthesia errors resulting in some of Texas’s largest malpractice verdicts.
Urgent care centers, outpatient clinics, nursing homes, and rehabilitation facilities liable for negligence on premises. Texas court records show increasing claims against these entities.
Liable for defective drugs or medical devices under product liability laws. Often involve multi-district litigation.
Texas law caps non-economic damages at $250,000 per healthcare provider and $500,000 total, making identification of all liable parties crucial for maximum recovery.
Medical malpractice cases in Houston 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 a Houston 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 Houston 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 Houston 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 Houston 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.
When selecting a medical malpractice lawyer in Houston , 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:
Finding the best medical malpractice law firm in Houston 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 Houston . 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 Houston 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.
In medical malpractice cases in Houston, 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.
Our attorneys serve the following areas in Houston:
Yes, Texas has strict damage caps for medical malpractice claims. Non-economic damages (pain, suffering, emotional distress) are limited to $250,000 per healthcare provider with a total cap of $500,000 for all providers combined. No caps exist for economic damages (medical bills, lost wages, future care costs). Wrongful death claims are capped at $500,000 total (adjusted for inflation to approximately $1.9 million today). These caps significantly impact compensation in serious injury cases. Texas has one of the nation’s most restrictive malpractice laws following 2003 tort reform legislation. The statute of limitations is two years from injury date with exceptions for continuing treatment or newly discovered injuries.
Yes, most medical malpractice lawyers in Houston 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.
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.
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.
A Houston medical malpractice lawyer at Loncar Lyon Jenkins can be your advocate during this challenging time. We can help you with the process of filing a successful medical malpractice claim or lawsuit. All you have to do is pick up the phone and give our team a call. We are determined to bring about a fair resolution to your case. To begin, call in the Strong Arm at (888) 902-3357.
