Austin Medical Malpractice Lawyers

A medical malpractice is a claim of negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital, hospital worker, or pharmaceutical company.  When a practice or treatment of a patient deviates from the standardized level of care by those with training and experience, and results in harm to a patient or patients.

If a professional health care provider fails to act in accordance with the standardized practice regulations regarding the diagnosis or treatment of a condition, they may be responsible for all damages that result. This includes mental or physical pain and suffering, medical bills, loss of wages, or a death.

To determine if medical malpractice has occurred, it must be proven that the professional health care provider did not follow a standard of care met by those with similar training and experience, leading to the significant injury or death of a patient.

In short, no. Texas law has made medical malpractice cases very difficult and expensive to litigate and the caps on compensation mean that it can often cost more to pursue a case than you can receive in damages. These cases also require costly expert review and testimony from medical professionals and many hours of deposition. Since personal injury attorneys are paid on a contingency fee basis, they simply cannot accept cases that do not involve serious injuries.

The best way to determine if you have a valid medical malpractice case is to consult an experienced medical malpractice attorney. At Hastings Law Firm, we will schedule a consultation meeting with you to review the details of your situation including any and all medical records involved in your case. During this meeting, we will assess your case by asking a series of questions to better understand your situation in order to conduct an expert opinion on the validity of your medical malpractice case.

It will not cost you anything to pursue a medical malpractice claim and file a lawsuit. At Hastings Law Firm, we work on a contingency basis – meaning our fee is paid as a percentage of any compensation, whether settlement or verdict, obtained on your behalf. If we are not successful there is no charge or fee to you. If we can pursue a lawsuit on your behalf, our firm will pay all expenses involved in the investigation and preparation of your case.

A jury will consult testimonies from valued experts, usually other professional health care providers, who will testify and provide a professional opinion on whether your provider’s actions followed standard medical care or falls into the negligence category.

Patients who have suffered an injury due to medical malpractice are eligible to receive three different types of damages: General damages, compensation for the suffering caused by the malpractice such as physical or mental pain, loss of enjoyment of life, or loss of consortium. Special damages, damages that are generally expenses linked to the medical malpractice case such as medical bills and reimbursement for lost income due to time missed at work. Punitive damages, damages that are specifically for the punishment of a professional health care provider for conduct that is negligent. General and special damages are more common and obtainable in a medical malpractice case, while punitive damages are rare and more difficult to be awarded. In the state of Texas tort reform laws limit the maximum amount of compensation to $250,000 per provider/facility involved, up to a max of three total defendants ($750,000). Some medical malpractice cases fall outside negligence and are not limit by these laws.

If a patient died as a result of medical malpractice, the patient’s heirs may recover for 1) damages that occurred from the time of the malpractice up until the patient’s death, and 2) the family’s future economic loss due to the patient’s death.