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You are probably reading this article because you or a loved one is in pain, has passed away, or has a permanent medical issue, and you feel you might have a claim.
So, as “lawyerly” as it sounds, the instant answer is: IT DEPENDS.
I hate giving that answer, as much as you hate hearing it. But to get a bit of clarity, there are some questions that have to be answered to determine if you indeed have a claim.
So let’s keep this simple and break it down.
(if you are looking for someone to get criminally prosecuted, then this is not the place for that)
Money, Money, Money. I know you are going through emotions about what has happened, but I need you to get comfortable, that the only thing we can get from the person, or entity that committed malpractice, is MONEY. Often, this will cause them to change their practices or procedures, so others are not in the same situation as you. So, at the end, the question and the solution is, Can we get money? And if so, how much? Reach out to our Houston medical malpractice lawyers to discuss a personal injury lawsuit.
The easy answer is: When a doctor/nurse/hospital does something that other doctors/nurses/hospitals would not have done.
A quick silly (but true) example is: Doctor was supposed to operate on the right leg, but they operated on the left leg…oops! Unfortunately, most cases are not this straightforward.
Imagine during the delivery of a baby, the doctor pulls on the baby and causes damage, like cerebral palsy. Then the doctor says, “I didn’t do it.” So…
The question we (medical malpractice lawyers in Houston) have to ask is: Did the doctor commit negligence through an act or an omission that caused injuries to the patient?
Don’t overthink this question, it really is our job to overthink and analyze it.
Typically, we go after the doctor/nurse/hospital, but in reality, behind the scenes, we are going after money from the insurance company that has given this provider insurance.
Like in a car accident, a medical malpractice attorney in Houston goes after the person who caused the accident, but we really want money from that person’s auto insurance.
But wait, what if my doctor is so, so sweet? How can I go after him/her? Yes, you are going after him/her, but not after his/her money. We want the insurance to pay.
And if the doctor did something bad, and caused a significant change in your life or your child, then they should step up and pay. Plain and simple.
This may appear difficult, but it isn’t. The money you are owed is the amount it would take to get you back to where you should have been. Now, if your child has cerebral palsy or another birth injury as a result of the provider’s negligence, you would be entitled to compensation for the injured child’s ongoing care, medical attention, possibly a different car or van that is handicap-accessible, home modifications (ramps, etc.), and potential loss of earning capacity.
The biggest take away is this, if you feel you have a case where a medical provider messed up, then give us a quick call, let us research the situation and we can give you guidance. We do NOT charge for this evaluation. We only get paid if we are able to get you money from the insurance company. We take a percentage of it.
Contact a Houston medical malpractice lawyer for more information about your legal options.
We’re here to help. Schedule a freeevaluation with an experienced personal injury lawyer in Houston, TX today by filling out the form below, or call us at (713) 888-8888