Southlake Medical Malpractice Attorneys

Serious Injuries Require Serious Legal Representation. The Team at Chandler Ross Can Help.

Medical malpractice injuries can be particularly challenging. You sought medical care because you had a problem. You trusted the medical staff to improve your condition. Instead, you’re fighting the consequences of their failure to provide that care. 

You don’t have to fight alone. The experienced Southlake medical malpractice attorneys at Chandler Ross can help.

Texas Hospitals and Preventable Injury Rates

Medical malpractice occurs when medical staff fail to meet the standard of care that responsible, trained staff would normally provide in that situation. 

In Texas, hospitals and surgery centers must report preventable adverse events, or PAEs, to the Texas Department of State Health Services. PAEs are medical errors that could be prevented. While not all PAEs result in injuries, many do. Texas residents can search hospital reports on the DSHS website.

In 2022, 11.05 percent of Texas hospitals had “much higher than expected” rates of preventable medical complications. Another 11.32 percent had “higher than expected” rates, while 18.33 percent had rates that were “about as expected.” The rest, or 59.3 percent of Texas hospitals, had preventable complication rates that were lower or much lower than expected. 

Common Medical Errors That Cause Injuries

Medical errors are a common cause of death and injury in the United States. A 2017 study estimated that medical errors may be linked to as many as 251,000 deaths annually in the US

Some medical errors are more common than others. The four most common categories of medical error include diagnosis errors, surgical errors, medication errors, and communication errors among medical staff. 

Diagnosis Errors

Diagnosis errors are a common form of medical error. These errors can stem from medical malpractice. Diagnosis errors include failure to diagnose a condition, diagnosing a patient with the wrong condition, or a preventable delay in diagnosing a condition. 

Diagnosis errors can compound existing problems. A patient whose condition isn’t diagnosed accurately may find that their condition gets worse. Some medical conditions, like certain cancers, can become untreatable if they aren’t diagnosed early. 

When misdiagnosis occurs, a patient might receive treatment for a condition they do not have. This treatment might cause additional medical issues, while the original problem worsens. 

A study of failed or delayed diagnoses among infants found that brain lesions, infections, uncontrolled bleeding, pneumonia, and appendicitis were the most commonly missed diagnoses. Another study of adults in outpatient care found that about 5.08 percent experienced diagnostic errors each year; about half of these can cause harm.

Surgical Errors

Surgical errors occur during surgery. They include operating on the wrong body part, leaving tools or items inside the body, or failures by the anesthesia team to properly monitor a patient’s vital signs. 

In one study, the most common wrong-site surgeries included spine surgery (22.1 percent), joint surgeries (14.7 percent), and muscle and tendon surgeries (11.8 percent). In 45.6 percent of the studied cases, patients needed additional surgery. Pain, loss of mobility, worsened injuries, and scarring were the most commonly reported effects. Death occurred in 7.4 percent of wrong-site surgery cases studied.

Medication Errors

Medication errors occur when healthcare providers prescribe, dispense, or administer the wrong type, dose, or schedule of medication to a patient. For example, a doctor may prescribe the wrong medication; the pharmacy may fill the prescription incorrectly; or a nurse or other staff member may give medication in the wrong dose, at the wrong time, or to the wrong patient. 

Medication errors can cause serious problems. Patients may receive a drug to which they are allergic. They may receive too much or too little of a needed medication. A medication error could lead to a dangerous interaction with other medications the patient is taking. 

Rates of unintentional drug poisoning deaths in Texas have risen in recent years. The Texas DSHS estimates that 5,094 people died in Texas in 2023 from unintentional drug poisoning – an increase of 3.3 percent from the previous year. This number includes both patients who experienced fatal medication errors and people who overdosed on substances outside a medical setting. 

Charting and Communication Errors

Healthcare providers work in teams. Everyone on the team must communicate effectively with other team members. Often, the center of this communication is the patient’s chart.

A patient’s medical chart contains essential information about their health. It may include information on the amount, type, dose, and schedule of administering medication, for example. It may include a patient’s medication allergies as well. When information is entered inaccurately or staff do not communicate effectively, serious injuries can result. 

A study of 23,000 medical malpractice lawsuits nationwide found that over 7,000, or one-third of the total, resulted from communication failures. These failures were linked to nearly 2,000 preventable deaths and thousands of injuries. 

Other medical errors can also occur. Failure to adequately supervise a patient can result in a preventable fall, for example. Violence in hospitals and medical settings is also on the rise, affecting both medical staff and patients.

These harms can be long-lasting. One study found that the harm from a medical malpractice event can linger for years after the injury occurs.

How Is Fault Determined in a Southlake Medical Malpractice Case?

To become the subject of a successful medical malpractice claim, a medical error must represent a breach in the applicable “standard of care.” The standard of care is the care a reasonably prudent medical provider, with the appropriate training and experience, would have provided in the same situation. 

Demonstrating a breach in the standard of care can be challenging. Medical science can be complex. Often, the parties need the help of expert witnesses to understand the facts in a particular case. Your experienced Southlake medical injury attorney can help you connect with qualified experts to understand what happened and build a compensation case. 

Basics of Medical Malpractice Law in Southlake, TX

All injury claims in Texas follow applicable state laws. These claims also adhere to the court’s rules and procedures for civil claims. 

Medical malpractice claims, however, follow slightly different rules. Title 4, Chapter 74 of the Texas Civil Practice and Remedies Code lists specific rules that apply in medical malpractice claims. 

Following these rules is essential. Cases that don’t follow them may be thrown out of court. Yet meeting their requirements can be challenging. Here, your Southlake medical malpractice lawyer is essential. Your attorney will ensure your case follows the rules, so your needs can be heard. 

Time Limits for Filing Medical Malpractice Claims in Southlake

Texas places time limits on filing many types of injury claims. Medical malpractice claims in Texas are subject to a two-year time limit. This time limit is also known as the “statute of limitations.” 

Determining how the two-year time limit applies can be challenging. It’s especially difficult if your injury or illness took some time to develop after the medical negligence that caused it. 

An exception applies for children under age 12 who suffer medical injuries. These patients have until their 14th birthday to file. However, no medical malpractice claim can be brought more than ten years after the date of injury.

Notice of a Medical Malpractice Claim

One key difference between Texas medical malpractice claims and other personal injury claims is the notice requirement. 

In Texas, a person filing a medical malpractice claim (also known as a “health care liability claim”) must send written notice of the claim to the providers they plan to name in the case. This notice must be sent at least sixty days before the lawsuit is filed. It must include a completed form authorizing the release of health information. 

The notice requirement affects how the statute of limitations applies in the case. Your attorney can ensure all this paperwork is filed correctly. 

What Types of Compensation Can I Get For My Southlake Medical Malpractice Claim?

Texas also has rules that apply to compensation in medical malpractice claims. For example, Texas “caps” or limits non-economic damages in medical malpractice cases. 

Compensation in any injury case can be pictured in two broad categories: economic and non-economic damages. 

Economic damages address financial losses. Medical bills, lost wages, and property repair costs are common examples of economic damages. This category also includes future medical costs or future lost wages. A person who needs ongoing medical care for their injuries or who cannot work again may qualify for economic damages for these “future” losses. 

Non-economic damages are not financial losses. They often include conscious physical pain and suffering, mental or emotional anguish, or the loss of the ability to participate in hobbies, household duties, and other life activities you once enjoyed. 

Texas does not limit economic damages in medical malpractice claims. An injured person can recover the full value of their medical expenses, lost wages, and similar financial losses.

However, state law does limit non-economic damages. These damages are capped between $250,000 and $500,000 in most cases. Where the cap sits in a particular case depends on what happened and who was found liable for the injuries. Cases that result in death cap non-economic damages at $500,000. 

Navigating Texas’s compensation rules can be challenging. A dedicated Southlake medical malpractice attorney can help. 

Speak To An Experienced Southlake Medical Malpractice Attorney Today

Medical errors are preventable. When doctors or hospital staff fail to prevent harm, an injured person can seek compensation for the damage they’ve suffered. 

Contact a dedicated Southlake medical malpractice attorney today. The attorneys at Chandler Ross have experience helping injured people in Southlake and throughout North Texas. We’ll investigate your case and work for the full, fair compensation you need. To learn more, contact us today.