Texas Medical Malpractice Lawyer

Serving throughout the Great State of Texas

You trusted yourself or your loved to the hands of doctors and other medical professionals, but something went wrong. An incorrect medication, a missed or mistaken diagnosis, a surgical error—each is a common way Texas medical mistakes are made.

While most doctors act with good intentions to save lives and nurture healing, mistakes happen, and when they do, the results can be catastrophic. If you or someone you care about has been the victim of a medical mistake and possible Texas medical malpractice, consider pursuing legal action to get compensation for the injuries and a sense of justice for the wrong that was done. Let the Texas medical malpractice lawyers with Daniel Stark guide you through this process.

Guided by integrity, compassion, and knowledge of Texas medical malpractice law, our attorneys will make what can be a complicated endeavor easy for you and your loved ones. While we’re ready to help you, the first step is yours. Simply contact our offices and request a free initial consultation during which one of our medical malpractice attorneys will evaluate your potential case and answer your questions.

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How big is the problem?

Medical malpractice is a much more widespread problem than many would like to believe. Approximately 80,000 deaths occur in the United States each year partly as a result of medical malpractice. According to studies conducted by the RAND Corporation regarding healthcare quality, autopsy results showed rates between 35% and 40% of missed diagnoses with most resulting in death. That number translates to more than three fully loaded jumbo jets crashing every week with no survivors. If that many airplanes were to crash, you can be certain that not many people would continue to fly and many investigations would take place in order to prevent such tragedies from occurring. However, instances of medical malpractice happen separately and privately and therefore do not attract the same amount of public attention.

Even more frightening is the fact that these numbers are only based on hospital statistics. Deaths from missed diagnoses or medical negligence that occurred in clinics, private doctors’ offices, or other treatment facilities are not included in these statistics.

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How do I know if I have a valid medical malpractice claim?

In a medical malpractice action, like any action based on general negligence, the plaintiff must establish four elements:

1. A physician’s duty to act according to a certain standard.
   It used to be that general medical standards varied greatly from one location to another. However, in recent times there has been more movement toward a nationwide standard of care that all doctors practicing in the United States must adhere to.
    
2. A breach of the applicable standard of care.
   You must prove that the doctor made a mistake. Also, the mistake must be one in which a “reasonable and prudent” doctor would not have made under the same, or similar, circumstances. Typically, this requires that an expert witness (another doctor in the same specialty) must come forward and testify that your doctor did in fact make a mistake.
    
3. An injury must have occurred.
   Medical malpractice suits cannot be filed for “what might have happened.” An error that caused no negative consequences has no standing for a medical malpractice case.
    
4. A causal connection between the breach of care and the injury.
   In addition to showing that an injury or harm occurred, you must also show that the doctor or healthcare agency’s mistake caused that injury and that if it wasn’t for that negligent action then your injury would not have occurred or that your condition would have improved. An unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been committed. In addition to the above points, before a physician may be held liable for malpractice, a doctor-patient relationship must be established. A doctor-patient relationship is found as the result of a contract, either express or implied, that the physician will treat the patient with professional skill. In addition, the doctor must take some action to treat the patient before a doctor-patient relationship is established. Finally, for a doctor to be held liable for professional negligence or malpractice, a physician-patient relationship must have existed between the doctor and the plaintiff at the time the complained act or omission occured. The doctor’s duty ends when the physician-patient relationship ceases to exist.

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What should I do if I think I have a medical malpractice claim?

1. Do not delay!
   There is a statute of limitations with any medical malpractice claim and usually delay helps the other side more than it helps you. As a general rule the statute of limitations on a medical malpractice claim is two years. However, the two year time limit can be measured from one of three dates. Those dates are:
    
• The date of the injury or harm
• The last date of the course of treatment that is the subject of the claim
• The last date of the hospitalization that is the subject of the claim

However, the statute of limitations does not allow a plaintiff to simply choose the most favorable date for his or her particular case. These three dates are only “to aid a plaintiff who was injured during a period of hospitalization or course of medical treatment but has difficulty ascertaining the precise date of the injury. If the date of the negligence can be determined, the limitations must be measured from that date.” This being said, there are a number of exceptions, so do not lose hope just because the two years may have already passed. Contact Daniel Stark to assist you in determining the statute of limitations on your particular case.
 

1. Do not try to evaluate or “work out” the claim yourself.
   Typically, the real decision makers are the insurance companies of the doctor or the healthcare agencies along with the doctor’s attorney. These people are paid to protect the doctors and hospitals, NOT YOU. Their purpose is to avoid you obtaining any information that might help your case. They, like any corporation, are in the business to make money; not to pay your claim. Medical malpractice cases are complicated. You need an experienced professional on your side to help you sort through and gather information in order to assist you in evaluating your claim. Without an attorney, the doctor’s attorney and the insurance companies are not likely to take your claim seriously.
    
2. Call Daniel Stark. We have experience with medical malpractice cases.
   We will not charge you for the call and will investigate your claim for free. During your initial free consultation, we will gather information and work with you to find the course of action that will have the best outcome in your particular situation. After reviewing all of your options, then you will be able to make a fully informed decision as to whether you wish to proceed with the potential lawsuit.

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What are some examples of recent successful claims in Texas?

• A Texas teenager was awarded $3,727,000 in June 2000 after her surgeon negligently failed to diagnose a bone infection, which developed after he performed elective cosmetic surgery on her feet to shorten two of her toes.
• In September 2000, a different Texas court awarded $3.1 million to the family of a man who was first misdiagnosed as having hyperglycemia and then misdiagnosed as having musculoskeletal pain before it was finally determined that he had actually suffered a heart attack. He died during an attempt to surgically correct the heart damage.
• In August 2000, yet another Texas court awarded a plaintiff $1.6 million after his physician failed to detect skin cancer during a 1987 office visit. The correct diagnosis wasn't made until 1993. The plaintiff died from the cancer in 1996.

 

*Disclaimer: These are only examples of cases and are not necessarily cases handled by Daniel Stark.

1. Auto Accidents
2. Trucking Accidents
3. Wrongful Death
4. Construction Accidents
5. Drug Injuries
6. Defective Products
7. Dog Bite
8. Electrocutions & Burns
9. Medical Malpractice
10. Nursing Home Abuse

1. Avandia®
2. Chantix®
3. Fosamax®
4. Heparin Syringes
5. Hernia Patch Danger
6. Medtronic Sprint® Dangers
7. MRI Dye (NSF)
8. Ortho Evra®
9. Paxil®
10. ReNu®
11. Rhino ATV Rollover
12. Seroquel®
13. Trasylol®

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