Medical Malpractice Attorney - FAQ

in Houston, Texas

What is Medical Malpractice?

Medical malpractice occurs when a physician does not provide a patient with the appropriate standard of care that others in their professional field would have provided.

How common is Medical Malpractice?

Sadly, medical malpractice occurs far too often than is acceptable. By some estimations, nearly 98,000 people are victims of wrongful death due to medical malpractice within the United States. Thousands more sustain personal injury due to a physician's negligence.

Who can be held accountable for Medical Malpractice?

Any physician, hospital or employee of a hospital or medical facility can be sued for medical malpractice, including:

• Nurses
• Waiting room employees
• Dentists
• Anesthesiologists
• Paramedics
• EMTs
• General employees

What are common examples of Medical Malpractice?

Some of the most frequent issues of negligence that may result in medical malpractice are:

• A physician failing to diagnose a serious disease
• A pharmacist filling the wrong prescription, resulting in pharmaceutical injury
• An anesthesiologist's error during surgery
• EMT and/or paramedic neglect
• A physician injuring a baby at birth

How long do I have to file a Medical Malpractice lawsuit?

Under Texas law, the statute of limitations in medical malpractice cases is typically two years. Therefore, if it has been over two years since you sustained personal injury due to a physician's negligence, you may not be able to receive compensation for your damages.  There are exceptions to this rule.

What is necessary to prove negligence in a Medical Malpractice lawsuit?

In addition to the case being filed within the statute of limitations, three factors must be present in order to successfully litigate a medical malpractice case:

1. It must be proven that the medical professional had a duty to adhere to a specific standard of care
2. It must be shown that the physician failed to act in accordance with that standard, which usually requires expert testimony confirming the physician's negligence
3. It must be proven that personal injury was sustained due to the physician's negligence

At the Houston, Texas office of Kennedy Hodges, L.L.P., we have the resources and experience to successfully litigate a wide range of medical negligence cases. Due to the statute of limitations, it is essential that you contact a medical malpractice attorney immediately if you suspect that you or a loved one has been the victim of a physician's negligence.