Get a Tough and Experienced Houston Medical Malpractice Lawyer on Your Side
If you or a family member has been injured or someone has died due to medical malpractice, a successful lawsuit can bring you compensation for your financial losses and the suffering you have been going through. Texas laws regarding medical malpractice are complicated, and insurance companies and their attorneys will do everything possible to avoid paying. However, an experienced medical malpractice lawyer can help.
The Houston medical malpractice attorneys at Terry Bryant Accident & Injury Law are experienced in fighting against the medical establishment and winning justice for their clients. We know the laws, the system, and the tactics insurance companies use. We can take care of all legal hurdles and negotiations involved in getting you the compensation you deserve. Our medical malpractice lawyers have the resources to protect your rights and provide the legal support you need.
We offer a free consultation to discuss the facts of your case and determine the best way to move forward. There are no fees to you unless we win, so call us today at (713) 973-8888 or toll-free 1 (800) 444-5000 to get started.
How Our Medical Malpractice Lawyer in Houston Fights for You
Why Choose Us
Filing a medical malpractice lawsuit is a complex legal action, which requires finding an attorney and a physician and working with other people involved in the case. If you get an experienced medical malpractice attorney on your side early in the process, the burden of handling your case can be lifted off of you. Hiring the right attorney can make the difference between whether you recover the bare minimum or receive the full amount you need to compensate for the damages you received. Here are some reasons why we believe Terry Bryant and his associates are your best choice:
- We have more than 35+ years of experience.
- We get results, and have recovered $1 billion for our clients. Visit our client victories page to read about real cases — and real money — the dedicated attorneys at Terry Bryant Accident & Injury Law have won.
- We know how to deal with insurance companies and can often win a settlement through negotiations, without having to go to trial.
- We provide great customer service and are available 24/7 for client emergencies.
- Terry Bryant and two additional attorneys are board certified.
- We have a 98 % positive group of satisfied clients who give testimonials to our service.
- We are recognized in our field — our law firm has received the Better Business Bureau’s Winner of Distinction Award multiple times.
- We offer free initial consultations to get you started.
- We have the resources of a skilled legal team, investigators, and expert witnesses to go up against a large medical institution or insurance company.
- We offer a No-Fee Guarantee, which means you pay us nothing unless you get your money.
At Terry Bryant Accident & Injury Law, we have years of experience successfully holding doctors and other medical providers accountable for their negligence — and winning money for our clients.
What We Do
When you meet with our Houston medical malpractice lawyers, we will start by listening to your version of what happened and where you think the medical malpractice occurred. Based on the facts and the damages you received, we can estimate whether you have a valid case and what kind of settlement to ask for. We will:
- Investigate your case and gather evidence from photographs, videos, medical records, and doctor and eyewitness reports to determine who was responsible for the harm you’ve suffered
- Consult medical experts to testify as to the harm you received and how it affects your life and family
- Build your case based on Texas law and past similar cases
- Handle negotiations for a fair settlement with healthcare providers, insurance companies, and other attorneys to avoid going to court
- Take your case to trial, if necessary, and present it in front of a judge and jury.
We will answer your questions and keep you informed on the progress of your case throughout the entire process.
Our Houston Malpractice Attorneys Determine if You Have a Valid Case
Not everything that goes wrong medically is grounds for a medical malpractice lawsuit. In order to have a valid medical malpractice claim, you and your Houston medical malpractice attorney must be able to prove a few things.
- You must have a documented patient-practitioner relationship with the medical professional in question. If you were casually chit-chatting with your neighbor, who happens to be a doctor, over your backyard fence and then got hurt following her comments, that is not considered a patient-doctor relationship, and you have no basis for a lawsuit.
- You must show that the doctor was negligent. Keep in mind that just because you were unhappy with the physician’s treatment or it did not achieve the desired results, this does not mean the practitioner was negligent. Doctors are obliged to be only “reasonably skillful and careful.” In order to be negligent, a physician must have deviated from a certain medical standard of care and caused you harm that would have been avoided with a competent doctor.
- You must prove that you or your loved one was hurt due to the doctor’s negligence. This can be surprisingly tricky to prove, as people who are victims in medical malpractice suits tend to be sick to begin with. It must be demonstrated that the doctor’s incompetent or negligent actions — and not the underlying illness — caused the patient’s injury or death.
- You must prove that the doctor’s negligent performance led to real, quantifiable damages, such as pain (mental and/or physical), additional medical bills, lost work, and reduced earning capability.
An attorney at Terry Bryant Accident & Injury Law can answer questions you may have about how to prove that medical malpractice occurred. Contact us to discuss your injury and our medical malpractice lawyer can help you understand your legal options.
Our Houston Medical Malpractice Attorneys Explain Medical Malpractice
- Medical malpractice is the failure of a healthcare professional to uphold an accepted standard of practice.
- Medical malpractice may lead to unnecessary pain, serious injury, and even death.
- Medical malpractice can have a devastating impact on patients and their families.
- Medical malpractice is legally actionable under Texas state law.
We’ve all had unsatisfactory experiences with doctors and treatments that don’t work. These are not in themselves indicative of malpractice or negligence. In order for a situation to fit the legal definition of medical malpractice, a patient must be injured due to the failure of a health care provider to practice medicine within certain acceptable professional standards expected of a reasonable, prudent healthcare provider. All healthcare professionals are governed by this legal standard of care and may be sued for malpractice when they violate it.
Medical malpractice is defined by an act of negligence — or failure to uphold an accepted standard of practice or care — by a healthcare professional, such as a doctor, surgeon, nurse, pharmacist, or hospital. These errors can often have serious consequences for a patient and can lead to major injuries, illness, or even death.
How Much is My Medical Malpractice Case Worth?
How much you will be able to win in a medical malpractice settlement or lawsuit depends greatly on your particular case. In Texas, you may ask to be compensated for both economic and non-economic damages.
Economic damages are more easily quantifiable losses. Economic damages include losses such as:
- medical and rehabilitation bills related to the incident
- expected future medical expenses
- lost wages and future earning capacity
- funeral costs, in case of death.
Texas law does not put a cap on how much a victim may receive in economic damages.
Non-economic damages are for losses that are no less real, but that don’t have such a clear-cut dollar figure attached to them. A few examples include:
- pain and suffering
- emotional anguish and stress
- loss of quality of life and consortium.
In Texas, there is a $250,000 limit on how much you may win from each healthcare provider for these types of harm. If you go after multiple defendants (for example, a doctor and a hospital), you may win a maximum of $500,000 for non-economic damages, but no more than $250,000 from any one practitioner or institution.
Amounts of Damages
There are a wide range of damage amounts that may be awarded in a medical malpractice case, from the tens of thousands to millions of dollars. While no one can tell you exactly what your case will bring, factors that will be considered include:
- The severity, extent and permanence of your injuries and whether you will need continuing care
- Actual costs of your losses and expenses
- Lost earnings and whether you will be able to work in the future
- Your age, earning potential, and family situation
- Whether death was involved
- Availability of insurance coverage and assets of the defendants
- The degree of fault of the defendants and the evidence and witnesses available to prove it
- The individual jurisdiction, judge, and jury if there is a trial
- The skill and negotiating power of your attorney.
In general, the more severe injuries that involve permanent damage and require long-term care or death often result in a higher settlement.
Medical malpractice attorney Terry Bryant will help you win the full settlement you deserve. Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000 to get started.
Houston Medical Malpractice Attorneys Must Prove Negligence
We Conduct Rigorous Research and Meticulously Build Your Case
Medical malpractice claims are often complex and require showing that a medical professional or institution did not adhere to the standard of care and was negligent and at fault for causing the damages you received.
This involves doing research, investigations, and hiring experts to answer the following questions:
- Duty. Did the medical provider meet the duty of care? All licensed doctors and healthcare professionals are employed to protect and treat patients with illnesses or injuries. They have a legal duty to provide adequate care when taking in a patient and are responsible for providing medical care to the best of their abilities at all times.
- Breach. Was there a breach of duty? The healthcare provider must adhere to an accepted standard of treatment for the patient. If your doctor or hospital fails to provide you with the level of medical care and attention that’s required by the Texas Medical Board, it may be considered a breach of duty.
- Cause. Did the breach of duty lead to an injury? A breach of duty by a healthcare professional may cause you to suffer severe injuries or illness. The plaintiff must show that the provider’s error or negligence was directly responsible for the injury.
- Damages. Can the injury or illness be directly linked to the breach of duty? Every claim must demonstrate physical, financial, or emotional damage that arose due to negligence or error. If your illness or injury can be directly linked to a breach of duty, you may have a case for medical malpractice.
Proving all four elements of negligence requires extensive documentation, patient and doctor interviews and expert testimony. At Terry Bryant Accident & Injury Law, we have the resources and connections to prove negligence exists.
Examples of Medical Malpractice
Because of the complex nature of practicing medicine, medical malpractice can occur in many different ways and at different times during treatment. Medical malpractice claims can be filed against a doctor, surgeon, nurse, or other medical professional, as well as a hospital. Common examples of medical malpractice include:
- Misdiagnosis of a serious condition or delayed diagnosis, which can lead to expensive, unnecessary, and potentially harmful tests and treatments that worsen a patient’s condition or create new health problems.
- Birth injuries may be brought against OB-GYNs and birthing team members for childbirth-related medical mistakes to newborns and, on occasion, mothers. Birth injuries can occur before, during, or immediately following the birthing process and may lead to permanent, debilitating conditions that significantly impact a person’s quality of life.
- Surgical errors such as amputating the wrong limb, wrong-side errors, wrong-procedure errors, and leaving objects inside the body of a patient.
- Operating on or treating patients while under the influence of alcohol or drugs.
- Prescription drug errors – Prescription drug errors can happen at any point in the drug distribution chain, from manufacturing to filling a prescription and prescribing an incorrect medication or dosage. Adverse drug reactions are one of the most common forms of medical-related injuries.
- Delayed or ineffective treatments – Doctors and nurses are trained to recognize the signs and symptoms of serious injuries. Once they see the potential for a health complication or medical condition, they must act quickly to provide adequate tests and treatments for patients.
- Poor sanitation or sterilization of medical equipment
At Terry Bryant Accident & Injury Law, it’s our job to investigate cases of suspected medical malpractice and prove who was responsible for your injury or illness. In some cases, there may be more than one party responsible for your injuries, such as the doctor, nurse, anesthesiologist, and hospital involved. Our attorneys would look to identify all potentially liable parties and name them as defendants in your case, as they all may have insurance and assets that can go toward a settlement.
Our Medical Malpractice Lawyers in Houston Explain the Legal Process
There is a legal process that is followed if our medical malpractice lawyers take on your case. Here is a general idea of what you can expect over the coming months.
- We will have to request medical records, bills, and any other relevant documentation from your healthcare providers and thoroughly review them to determine whether negligence took place on the part of a medical professional and/or institution.
- If we conclude that you have a valid claim, we will find a qualified expert witness, generally another doctor, to review the records and issue an opinion explaining how your provider did not meet the necessary standard of care.
- Our medical malpractice attorney will file the lawsuit.
- Discovery will take place. This is the process during which the attorneys exchange documents, send questionnaires called interrogatories, and take depositions of involved parties and witnesses.
- Negotiations begin. The attorneys will attempt to reach an out-of-court settlement, with or without a mediator.
- If the two sides just can’t come to an agreement, the case will be scheduled for trial. Of course, this doesn’t mean it will ever come to a verdict; the sides can still settle at any time.
The Importance of Filing a Medical Malpractice Claim Quickly
Statute of Limitations for Medical Malpractice in Texas
If you even suspect medical malpractice caused your injuries, it’s important to contact a Houston medical malpractice attorney quickly. Texas has a deadline, called a statute of limitations, which states that anyone injured by medical malpractice (or negligence) generally has two years to bring a civil lawsuit (TX C.P.R.C. Code §74.001).
The two-year clock usually begins on the date the injury was – or could reasonably have been – discovered, which in some cases is not necessarily the same day the patient was injured. If the medical error occurred during a period of continuous medical treatment, the two-year statute of limitations “clock” starts on the last day of treatment, unless the injury could have been discovered sooner.
In addition, it’s better to start investigations as soon as possible, while evidence is fresh and witnesses can be found.
***ALWAYS SPEAK DIRECTLY TO AN ATTORNEY REGARDING THE EXACT DEADLINES THAT APPLY TO YOUR POTENTIAL CLAIMS.***
Why Doctors Make Mistakes
There are several reasons why medical professionals make mistakes. Practicing medicine is a tough job that may include long, grueling hours and seeing large numbers of patients. Because of the demands of their jobs, healthcare professionals are often fatigued, and many experience burnout. This makes some doctors and nurses prone to error, and those errors can sometimes have a severe impact on a patient.
In some cases, medical errors are the result of miscommunication. A communication breakdown can occur between two doctors, different departments within a hospital, or between two different facilities providing care to the same patient. For example, a doctor’s diagnosis might be misread by another doctor; a patient’s records can be misinterpreted or lost; or a doctor’s prescription can be wrongly filled by a pharmacist.
Finding The Right Medical Malpractice Lawyer
Filing a medical malpractice lawsuit is a complex legal action, which requires finding an attorney and a physician and working with other people involved in the case. In some cases, patients must try to find their way through the murky waters of civil law during a time of suffering. This is not easy, but the rewards for a successful medical malpractice lawsuit can be significant. If you get an experienced medical malpractice attorney on your side early in the process, the burden of handling your case can be lifted off of you.
Here are the steps people go through when bringing a claim for medical negligence:
Step 1: Select a qualified medical malpractice attorney
Because of the aspects of the case, there will likely be many technical details involved, and these cases should be handled only by attorneys who are experienced in this area. When considering a medical malpractice lawyer, patients should look for:
- Extensive experience in these types of cases
- Referrals from previous clients or colleagues
- Professional certifications.
Almost every city has attorneys that advertise in the area, and there are usually several listed in the phone book. People can consult that resource, as well as the internet, to find an appropriate attorney. Another option is to ask a trusted attorney you already know. Even a civil trial lawyer should be able to refer you to someone who is qualified to handle a medical malpractice lawsuit. Or, you may have a family member or close friend that can recommend a medical malpractice lawyer based on their personal experience with the attorney and their firm.
Step 2: Establish the Legal Elements
Every case of this type has four fundamental elements:
In most cases, establishing negligence and causation are the most difficult aspects of the case.
The legal representative must use evidence and expert testimony to prove that someone failed to provide the appropriate care, and that failure to provide adequate care directly resulted in an injury. However, it can be extremely challenging to show negligence and causation.
Step 3: Obtain an Expert Report (or Certificate of Merit)
In order to restrict the number of cases that go before a state’s court system, most states require anyone who files this type of suit to first obtain an expert report or certificate of merit. Patients receive this certificate from a licensed physician who certifies that the case might include medical negligence. Usually patients go to the doctor their attorney recommends for this report (or certificate).
Step 4: File the Medical Malpractice Suit and Notify Those Involved
The attorney will go through the formal steps to file the medical malpractice lawsuit, and he or she will make sure the defendants are notified. At this point in time, the doctor’s insurance company will have time to prepare a defense against the impending suit.
Step 5: Receiving a Settlement or Going to Court
The vast majority of lawsuits brought against medical providers are settled out of court, so both parties can avoid the high expenses of a trial in court. Settling out of court assures the patient that he or she will receive some compensation. There is no guarantee that a jury will side with the patient in court. However, settlements out of court can be lower than the amounts juries award patients who successfully argue their case in a courtroom. Ultimately, the patient and his or her medical malpractice attorney will have to decide which avenue would be the better option to pursue in the lawsuit.
Our Houston Medical Malpractice Attorneys Answer Questions
Our attorneys know that victims of malpractice have many questions. While these are best addressed at your free consultation, to get started, here are some answers to questions that our clients frequently ask:
What should you do if you think you are a victim of negligence?
If you believe that you or your family member has been hurt because of a medical provider’s negligence or incompetence, contact the medical malpractice lawyers in Houston at Terry Bryant Accident & Injury Law right away. You will tell us exactly what happened. Share every possible detail before and after what you believe was medical malpractice. Include events surrounding any doctor visits regarding your treatment. You should also note all prescriptions and any other facts that may have led any doctor or nurse to recommend and/or prescribe certain medications and share your recollection of any other events which may have contributed to the malpractice.
How long will my case take?
A medical malpractice case can be resolved in a matter of months or it can drag on for years. It depends on whether the parties settle relatively quickly or the case ends up going to court. The vast majority of cases are settled outside of the courtroom, which is generally preferred by everyone as it keeps legal fees relatively low, eliminates uncertainty of outcome, and is less time-consuming than a trial.
What are signs of medical malpractice?
Sudden unexplained illnesses after treatment, severe and unusual pain after surgery, or a worsening of your condition all may be signs that medical malpractice has taken place. Sometimes, other medical professionals may say something that suggests an error was made.
How do I get the help of experts?
Because these cases are so complex, locating the best experts may also be difficult. In Houston, many personal injury attorneys avoid handling medical malpractice claims because of the specialized knowledge it requires, as well as the limits on recoveries after the tort reforms of 2003. At Terry Bryant Accident & Injury law, we have handled similar medical malpractice cases so have the resources and connections with experts who can help secure a favorable outcome.
Can you pursue medical malpractice for prescriptions?
Yes, as prescription drugs are involved in many incidents of error or negligence. Prescription drugs can interact dangerously with other drugs or cause severe or fatal allergic reactions. Occasionally, the doctor will order a dosage that is either too low or too high. When seeing a pregnant patient, the doctor must be sure that any prescribed drugs will not cause birth complications. The FDA regularly releases information regarding drug safety in pregnant patients. A doctor that doesn’t remain up to date on safety research may prescribe a drug that causes severe birth deformities.
What should I do if I suspect medical malpractice?
If you suspect medical malpractice, you should immediately seek treatment from another trusted medical professional. Symptoms of medical malpractice may take time to show up, and this will rule out any internal harm or dangers your previous healthcare provider may have exposed you to. It’s also important to get qualified and experienced legal advice on your side. The Houston medical malpractice attorneys at Terry Bryant Accident & Injury Law can investigate your case and determine how and where medical malpractice took place.
What does a medical malpractice lawyer cost?
At Terry Bryant Accident & Injury Law, we believe that all medical malpractice victims, regardless of financial situation, deserve justice. To that end, we offer free initial consultations. We also have a No Fee Guarantee®, which means that you will owe us nothing unless and until you win your suit and collect damages.
When you call our medical malpractice attorneys in Houston, we answer your questions and address your concerns thoughtfully and thoroughly, so you have the information you need to feel confident you’re getting the quality legal representation you deserve. We look forward to learning about your case and helping you get the ball rolling. Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000.
Medical Malpractice Resources
Medical malpractice cases can be complicated. There are many different laws, regulations, and guidelines governing physicians and medical care facilities. It can be difficult to understand when, where, and how medical malpractice occurs. The Houston medical malpractice attorneys at Terry Bryant Accident & Injury Law have compiled these resources to help you better understand medical malpractice issues in Texas.
Doctor Review Websites
- Healthgrades.com – Research doctors, dentists, and hospitals in Texas and read patient surveys that score levels of trust, time spent with patient, wait time, and more.
- RateMDs – View detailed patient reviews and ratings of doctors and dentists in Texas and throughout the U.S. with this website.
Texas Government Websites
- Texas Board of Nursing – Read about recent disciplinary actions, including license revocation and suspension of Texas nurses due to medical malpractice or other safety violations.
- Texas Department of State Health Services – Locate Texas healthcare clinics across the state, view health statistics, and find out how to prevent disease with this state government resource.
- Texas Medical Board – Search this official state medical database to access your doctor or healthcare professional’s information, including his or her license and permit number.
- Texas State Board of Pharmacy – File a complaint with the state licensing board if a pharmacist or pharmacy was negligent when filling your prescription.
How to Cope with the Fallout of Medical Malpractice Injuries
When you go into the hospital or visit a doctor, you expect them to make you better, not worse. If you’ve been subjected to a medical error, not only are you in worse shape than you were before, but you may have even more medical bills, be unable to work, and require future doctor visits and procedures to “fix” the incompetent provider’s mistakes.
The potential of living with unanticipated life events, such as suffering from medical malpractice, can take a toll on the victim’s emotional state, as well as that of their family and friends. At times it can feel overwhelming because of the additional stress of more doctor visits, possible surgical corrections, financial distress, and the sometimes “snail’s pace” progression of a civil malpractice claim and/or possible lawsuit.
Reach out to those who can help you strengthen your coping skills. Allow others to share the burden, including your attorney who has plenty of good suggestions on how to take the edge off this experience as you work your way toward a positive conclusion to your medical malpractice case.
Get Help from Our Medical Malpractice Lawyers in Houston
Texas physicians are held to strict standards for keeping their patients safe through medical procedures regulated by the Texas Medical Board. When a doctor fails to provide an accepted standard of care as defined by these regulations, it may be considered medical malpractice.
Houston medical malpractice lawyer Terry Bryant and his team offer victims of incompetent medical providers skilled and compassionate representation. We will listen to your story and help determine whether you have a valid claim, conduct thorough research and hire the right experts to build the strongest possible case, and win you the money you need to rebuild your life — whether through negotiations or courtroom trial.
Throughout the process, we will listen to your concerns, answer any questions you might have, and be accessible and transparent. We believe our job is to get justice for our clients — and we take it seriously. We combine a deep knowledge of the law, years of experience in negotiation and litigation, a compassionate approach to our clients, and the tenacity to go up against large medical institutions — and win.
Choosing a medical malpractice attorney at Terry Bryant Accident & Injury Law may be one of the most important decisions you make. We look forward to hearing from you. To schedule your free initial consultation, call us now at (713) 973-8888 or toll-free 1 (800) 444-5000.