Surgeon feeling frustrated from failed operation.

Fort Worth Medical Malpractice Lawyer

We put a lot of trust in the hands of medical caregivers. When it comes to our health, we expect competent and attentive care. However, this standard of care isn’t always provided, sometimes causing severe health issues. If you or a loved one has been harmed by medical negligence, you could be owed compensation.

At The Wilhite Law Firm, our Fort Worth medical malpractice lawyers are skilled at holding negligent healthcare providers accountable and helping victims seek the compensation they deserve. Call us today or contact us online for a free case evaluation.

What Are the Types of Fort Worth Medical Malpractice Cases?

Medical malpractice occurs when a healthcare provider doesn’t meet the applicable standard of care and causes injuries or worsened conditions for the patient. Our Fort Worth medical malpractice attorneys handle cases involving:

Misdiagnosis or Delayed Diagnosis

One of the most common forms of medical malpractice is misdiagnosis or delayed diagnosis. These issues can prevent a patient from receiving timely treatment. The delay can lead to a worsening condition, unnecessary procedures, or even death.

Surgical Errors

Surgical errors include mistakes made during surgery. These could include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintentional injury to internal organs. Serious complications, long-term disability, or infections can result.

Medication Errors

Medication errors involve administering an incorrect dosage, prescribing the wrong drug, or failing to consider potential drug interactions. These errors can cause severe side effects, worsen the condition, or even result in fatalities.

Birth Injuries

Birth injuries can result from mistakes made during labor and delivery. Those injuries can include cerebral palsy, Erb’s palsy, or brain damage. Lifelong consequences for the child and significant emotional and financial impacts on the family can result.

Anesthesia Errors

Anesthesia administration errors can have severe consequences. Too much anesthesia can lead to brain damage, while too little can cause the patient to wake up during surgery.

Failure to Treat

In some cases, a healthcare provider may fail to treat a diagnosed condition adequately. This can occur when a doctor discharges a patient too soon, fails to follow up, or does not provide the necessary treatment for a condition.

Who Can Be Held Liable for Medical Malpractice in Fort Worth?

Medical malpractice liability can extend to various healthcare providers and institutions, depending on the circumstances of the case. Our Fort Worth medical malpractice lawyers will thoroughly investigate your case to determine who is responsible for the negligence that caused your injuries. Potentially liable parties may include:

Doctors and Surgeons

Physicians who fail to diagnose, treat, or perform surgeries correctly can be held liable for medical malpractice. This also applies to specialists, such as anesthesiologists or radiologists, whose negligence contributes to patient harm.

Nurses and Other Medical Staff

Nurses, technicians, and other medical staff who make patient care errors, such as failing to monitor a patient properly or administering the wrong medication, can also be held responsible.

Hospitals and Medical Facilities

Medical facilities and hospitals can be held accountable for the actions of their employees. Additionally, if a hospital fails to provide a safe environment, doesn’t provide updated medical information to its staff, or hires professionals who do not meet the appropriate standards, it can be held liable for resulting injuries.

What Steps Must Be Followed to File a Medical Malpractice Claim in Texas?

Filing a medical malpractice claim in Texas involves several critical steps. Understanding this process allows you to handle your claim correctly and protect your right to seek compensation. Here’s what you need to know:

  • Consult an experienced attorney – A Fort Worth medical malpractice lawyer can review your case, obtain evidence, and guide you through your pursuit of compensation.
  • File a notice of claim – In Texas, you are required to provide written notice to each healthcare provider you intend to file a lawsuit against at least 60 days before filing a lawsuit.
  • Obtain an expert report – Within 120 days of filing the lawsuit, you must also serve an expert report from a qualified healthcare professional supporting your claim on each defendant.
  • File the lawsuit – Your attorney will draft and file a complaint detailing the allegations of medical malpractice and the compensation you seek.
  • Discovery process – Both sides exchange information and evidence related to the case.
  • Negotiations or trial – Your case may be resolved through settlement negotiations or proceed to trial if an agreement cannot be reached.

What Compensation Is Recoverable in a Fort Worth Medical Malpractice Case?

Victims of medical malpractice in Fort Worth may be owed various forms of compensation, depending on the specifics of their case. The types of compensation could include:

  • Past and future medical treatments required due to the malpractice
  • Income lost due to inability to work, including future earning capacity
  • Physical pain and emotional distress caused by the malpractice
  • Permanent disabilities or disfigurement resulting from medical errors
  • Loss of enjoyment of life, including the inability to participate in activities or hobbies you once enjoyed

When the malpractice results in death, families may be entitled to file a wrongful death claim. In that case, they could seek additional compensation, such as loss of companionship and burial expenses.

Is There a Statute of Limitations for Filing a Medical Malpractice Lawsuit in Texas?

Texas law imposes a statute of limitations on medical malpractice claims. In most cases, you have two years from the date the malpractice occurred to file a lawsuit. However, there are exceptions, such as cases involving minors or when the malpractice was not discovered immediately. It is crucial to consult with a Fort Worth medical malpractice lawyer right away so that your claim is filed within the required time frame.

Contact a Fort Worth Medical Malpractice Lawyer

If you got hurt through medical negligence, the experienced Fort Worth medical malpractice lawyers at The Wilhite Law Firm can help. We have experience in these complicated types of cases and are committed to pursuing justice for our clients. Contact us today for a free consultation, and let us fight for the compensation you deserve. Remember, you don’t pay unless we secure money for you.