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Table of Contents
What Is Medical Malpractice?
Medical malpractice happens when a doctor or other healthcare provider makes a serious mistake that harms a patient. This can include misdiagnosing an illness, making a surgical mistake, or giving the wrong medicine. To win a medical malpractice case, the patient must show that the mistake directly caused their injury or worsened their condition.
Common Types of Medical Malpractice Cases We Handle
Our Midland medical malpractice attorneys represent clients in cases involving:
- Misdiagnosis or Delayed Diagnosis: Failing to recognize serious conditions such as cancer, heart disease, or infections.
- Surgical Errors: Wrong-site surgery, anesthesia mistakes, or leaving surgical tools inside a patient.
- Birth Injuries: Preventable injuries like cerebral palsy, Erb’s palsy, or oxygen deprivation during delivery.
- Medication Errors: Overdosing, prescribing the wrong medication, or administering harmful drug interactions.
- Failure to Treat: Discharging patients too soon or failing to provide necessary follow-up care.
- Hospital Negligence: Infections, bedsores, or lack of proper patient monitoring.
If you or a loved one has suffered any form of harm at the hands of a medical professional, you don’t have to face this alone. Our experienced legal team is here to fight for your rights and seek the compensation you may be entitled to. Don’t let a medical provider’s mistake define your future—schedule a free consultation and take the first step toward justice.
What Compensation Can You Recover for a Medical Malpractice Claim?
Victims of medical malpractice in Midland may be eligible for:
Covers medical expenses, hospital stays, surgeries, rehabilitation costs, lost wages due to missed work, and anticipated future healthcare needs.
Compensation for pain and suffering, emotional distress, loss of companionship, and diminished quality of life caused by medical negligence.
Under Texas law, non-economic damages are capped at $250,000 per healthcare provider, with a maximum of $750,000.
Awarded in cases where a healthcare provider’s actions were especially reckless or intentional, serving as a penalty to prevent future negligence.
An attorney can assess the full extent of your damages, negotiate with insurance companies on your behalf and, if necessary, take your case to court to fight for the maximum compensation available. Contact Braker White today to learn how we can help you pursue the compensation you need to move forward with confidence.
How To Prove Medical Malpractice in Texas
To win a medical malpractice case in Texas, you must establish 4 key elements:
- Duty of Care: The healthcare provider had a duty to provide treatment within accepted medical standards.
- Breach of Duty: The provider failed to meet that standard through negligence.
- Causation: The negligence directly caused injury or worsened the patient’s condition.
- Damages: The victim suffered physical, emotional, or financial harm as a result.
In Texas, expert witness testimony is required to prove malpractice. Our attorneys work with medical experts to evaluate your case, gather valuable evidence, and demonstrate how a healthcare provider’s negligence caused your injuries. We also handle all legal filings, negotiate with insurance companies, and advocate for the maximum compensation available.
Texas Statute of Limitations for Medical Malpractice
Medical malpractice claims in Texas must be filed within 2 years from the date of injury. If you wait too long, you may lose your right to seek compensation. Contact us as soon as possible to protect your claim.
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How the Medical Malpractice Lawsuit Process Works
The first step in a medical malpractice claim is determining whether a healthcare provider's negligence directly caused harm. Our legal team thoroughly reviews medical records, consults with industry experts, and assesses whether the standard of care was breached. This initial investigation is vital for building a strong case.
Once we establish a strong basis for your claim, we formally file a lawsuit against the responsible parties. This process involves drafting legal documents, notifying healthcare providers, and ensuring all necessary paperwork is properly submitted within the statute of limitations.
Texas law requires plaintiffs to provide an expert report within 120 days of filing a malpractice claim. Our team works with medical professionals who analyze your case and provide testimony confirming that negligence occurred. This phase strengthens your case by adding authoritative expert opinions to support your claims.
Many medical malpractice cases are resolved through settlements rather than trials. Our attorneys engage in aggressive negotiations with insurance companies and defense lawyers to help secure the highest possible compensation for you. If a fair settlement is reached, you can receive compensation without the need for a lengthy trial.
If a settlement cannot be reached, we proceed to trial, where we present evidence, expert testimony, and witness statements to a judge or jury. Our experienced trial attorneys are prepared to fight for your rights in court, ensuring you have the strongest representation possible.
Why Choose Braker White for Your Midland Medical Malpractice Case?
Selecting the right attorney can make all the difference in the outcome of your medical malpractice case. At Braker White, we are committed to providing strong legal representation and compassionate support every step of the way.
- Proven success: Our firm has a track record of securing compensation for victims of medical malpractice in Texas.
- Aggressive representation: We are committed to fighting for your rights and helping ensure you receive fair compensation.
- Personalized approach: We understand that every case is different, and we tailor our legal strategies to your specific needs and circumstances.
- No upfront fees: We work on a contingency basis, meaning you pay nothing unless we win your case.
With our experience and dedication, we will work tirelessly to help ensure you receive the justice you deserve and the compensation you may be entitled to. Our team will guide you through every step of the legal process, providing clear communication and unwavering support. You can trust us to fight for the best possible outcome, so you can focus on healing.
Medical Malpractice Lawyer FAQs
If you believe a doctor, nurse, or hospital made a mistake that caused you harm, you may have a case. Medical malpractice cases require proving negligence, meaning a healthcare provider failed to meet the accepted standard of care. A medical malpractice lawyer can review your medical records, consult with experts, and determine if you have grounds for a claim.
Yes, if the hospital’s negligence contributed to your injury, you may be able to file a lawsuit against them. Hospitals can be held liable for errors such as improper staffing, failure to follow safety protocols, and negligence by employees like nurses and technicians. However, doctors may be independent contractors, which can affect liability. Our attorneys can help determine if a hospital can be held accountable in your case.
The amount of compensation varies widely depending on the severity of the injury, the extent of medical expenses, and other damages like pain and suffering. Some cases settle for thousands, while others reach millions. Texas does have limits on non-economic damages, but economic damages, such as medical bills and lost wages, are not capped. Our legal team can evaluate your case to seek the maximum compensation available.
If a family member passed away due to a healthcare provider’s negligence, you may be eligible to file a wrongful death claim. This type of lawsuit allows surviving family members to seek compensation for funeral expenses, medical costs, loss of financial support, and emotional suffering. Our medical malpractice attorneys in Midland can guide you through the process of pursuing justice for your loved one.
It is best to hire a lawyer as soon as you suspect that a healthcare provider’s negligence has caused you harm. Texas has strict deadlines for filing claims, and waiting too long could impact your ability to recover compensation. An experienced lawyer for medical malpractice can begin investigating your case, gathering medical records, consulting with experts, and building a strong claim on your behalf.
At Braker White, we handle medical malpractice cases on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case, ensuring that you can access top-tier legal representation without financial stress.
When Medical Care Fails You, We’re Here to Make It Right
If you or a loved one has suffered due to medical malpractice, you are not alone. We understand how overwhelming this experience can be, and we are here to provide support and guidance. Delaying legal action can make it harder to collect evidence and build a strong case, so it’s important to seek help as soon as possible. The sooner you consult a Midland medical malpractice lawyer, the better your chances of securing the compensation you need for proper medical care, lost wages, and emotional distress. Our compassionate legal team is ready to listen to your story, investigate your claim, and advocate for your rights. Contact Braker White today for a free case review and let us help you on the path to recovery.