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Houston Medical Malpractice Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

When you or a loved one is sick or injured, you have the right to expect your doctor and their staff to apply their skill and experience in the most appropriate and responsible manner. In your most vulnerable state, you put your trust and recovery in their hands. What happens when your physician or provider abuses that trust by failing to take proper care of you? Life, as you know it, may change dramatically, if a healthcare provider fails to adhere to an accepted standard of care.

When this happens, you have every right to be confused, angry, and devastated at the careless treatment you’ve received. You also have the right to hold the medical professional and the facility accountable for the harm you’ve suffered. You could be owed significant compensation if you’ve been the victim of malpractice or if you’ lost a loved one due to the negligent actions of a doctor or other medical professional, but securing that compensation can be challenging.

To prove your claims and get the compensation you deserve, you’ll want to have a legal team with the right experience and resources to handle your case. If you’re looking for top-notch, qualified legal representation in Houston, turn to the team that so many others have trusted to care for them and handle their medical malpractice claim: the trial attorneys of Kherkher Garcia.

We have successfully helped others who’ve been hurt in Houston get the fair compensation they’re owed, and we have specific experience handling medical malpractice claims. Contact a knowledgeable member of our team for your free, no-obligation consultation today.

What is Medical Malpractice? What is an adequate standard of care?

Medical malpractice is defined as any instance in which a health care professional or health care provider neglects to provide a patient with appropriate treatment, omits or forgets to take appropriate action and provides substandard care which results in injury, illness, or even death.

When we think of medical malpractice, we tend to imagine a doctor or medical professional making an error either in diagnosis, medication distribution and dosage, or an error made during a procedure or surgery.

A study by Johns Hopkins suggests that medical errors are now the third leading cause of death in the United States. They say that patient safety experts have found that more than 250,000 deaths per year are the result of some type of medical error. Some studies suggest that number could be even higher since many providers do not need to note on death certificates that human error was involved.

While standards of care and regulations can vary from state to state there are a few common factors that are taken into consideration when evaluating the merit of a medical error. The provider must have failed to follow a proper standard of care, an injury must be the result of negligence, and the victim must have been harmed and suffering from consequences for that injury.

When we seek treatment from a physician or medical provider, we are expecting to receive an acceptable standard of care. In legal terms, a standard of care looks at what kind of treatment another reasonably skilled health care provider with a similar background would have provided in the same circumstances. If the doctor, surgeon, anesthesiologist, nurse, or other professional’s behavior deviated from the standard that others in their profession would have provided, they could be guilty of committing malpractice.

Types of Medical Malpractice

There is a wide variety of circumstances that can result in a victim claiming medical malpractice but there are some of the most common errors that result in malpractice claims.

  • Failure to properly diagnose: Would another competent doctor have been able to discover the patient’s illness? Would it have led to a better outcome for the victim?
  • Improper or Inaccurate treatment: This could involve a physician giving a patient treatment that another competent doctor would not or if a provider dispenses a treatment incompletely or inappropriately.
  • Failure to inform: Providers must warn patients of known risks and possible side effects of treatment, it is also known as the “duty of informed consent.”
  • Negligence of care: These types of cases may include an unnecessary or incorrect procedure or surgery, leaving medical devices inside of a patient after surgery, operating on the wrong body part, or prescribing the wrong medication or dosage.

These types of medical malpractice situation must result in a patient suffering harm from the effects of this substandard care. Damage could be related to pain and suffering, loss of income, disability, more surgery or continued medical intervention in order to correct the mistake.

How is Medical Malpractice proven?

In the state of Texas, anyone who is seeking to file medical malpractice care must submit what is known as an “affidavit of merit.” This is a document from a qualified medical malpractice expert. This document provides a summary of the expert’s opinions when it comes to assessing the standards of care, the manner in which the care was given, and the provider's failure to meet those standards which resulted in the injury, further damage, or death.

This affidavit must be submitted within 120 days of filing a case. There is also a statute of limitations in the state of Texas for medical malpractice cases. Cases of malpractice must be filed within two years of the date of injury.

What Compensation Is Available and Which Parties are Liable?

Compensation may be available to victims of medical malpractice in the form of financial compensation for damages, medical bills, loss of earnings or potential earnings, and life care expenses.

If you’ve lost a loved one due to the negligence of a medical professional or facility, you could be eligible to seek compensation through a wrongful death action. Compensation for the loss of someone due to medical malpractice could include funeral and burial expenses, loss of emotional and financial support, and other damages.

Why Choose Kherkher Garcia?

Your health is a major factor when it comes to leading a happy and productive life. When your health is put in jeopardy because of medical malpractice or negligence it can impact your life for years to come. Not only do you have your continued health to worry about, but it can also be expensive and financially draining to deal with the repercussions of a medical error. You may have to face more surgeries, physical therapy, different medical treatments, all just to get back to baseline. If you believe your current condition may be the result of medical malpractice it is in your best interest to contact a lawyer right away.

At Kherkher Garcia, our team of personal injury lawyers has what it takes to fight for the victims of medical malpractice and hold the negligent provider responsible for the damage they have done. If you or a family member has been involved in what you believe to be a medical error, call us today. The call and the consultation are both free. It is important to reach out to us as soon as you are aware that a mistake has been made in your care, in Texas there is a time limit to when you can file a claim. Let us help you get the justice that you deserve.

Houston Medical Malpractice Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

When you or a loved one is sick or injured, you have the right to expect your doctor and their staff to apply their skill and experience in the most appropriate and responsible manner. In your most vulnerable state, you put your trust and recovery in their hands. What happens when your physician or provider abuses that trust by failing to take proper care of you? Life, as you know it, may change dramatically, if a healthcare provider fails to adhere to an accepted standard of care.

When this happens, you have every right to be confused, angry, and devastated at the careless treatment you’ve received. You also have the right to hold the medical professional and the facility accountable for the harm you’ve suffered. You could be owed significant compensation if you’ve been the victim of malpractice or if you’ lost a loved one due to the negligent actions of a doctor or other medical professional, but securing that compensation can be challenging.

To prove your claims and get the compensation you deserve, you’ll want to have a legal team with the right experience and resources to handle your case. If you’re looking for top-notch, qualified legal representation in Houston, turn to the team that so many others have trusted to care for them and handle their medical malpractice claim: the trial attorneys of Kherkher Garcia.

We have successfully helped others who’ve been hurt in Houston get the fair compensation they’re owed, and we have specific experience handling medical malpractice claims. Contact a knowledgeable member of our team for your free, no-obligation consultation today.

What is Medical Malpractice? What is an adequate standard of care?

Medical malpractice is defined as any instance in which a health care professional or health care provider neglects to provide a patient with appropriate treatment, omits or forgets to take appropriate action and provides substandard care which results in injury, illness, or even death.

When we think of medical malpractice, we tend to imagine a doctor or medical professional making an error either in diagnosis, medication distribution and dosage, or an error made during a procedure or surgery.

A study by Johns Hopkins suggests that medical errors are now the third leading cause of death in the United States. They say that patient safety experts have found that more than 250,000 deaths per year are the result of some type of medical error. Some studies suggest that number could be even higher since many providers do not need to note on death certificates that human error was involved.

While standards of care and regulations can vary from state to state there are a few common factors that are taken into consideration when evaluating the merit of a medical error. The provider must have failed to follow a proper standard of care, an injury must be the result of negligence, and the victim must have been harmed and suffering from consequences for that injury.

When we seek treatment from a physician or medical provider, we are expecting to receive an acceptable standard of care. In legal terms, a standard of care looks at what kind of treatment another reasonably skilled health care provider with a similar background would have provided in the same circumstances. If the doctor, surgeon, anesthesiologist, nurse, or other professional’s behavior deviated from the standard that others in their profession would have provided, they could be guilty of committing malpractice.

Types of Medical Malpractice

There is a wide variety of circumstances that can result in a victim claiming medical malpractice but there are some of the most common errors that result in malpractice claims.

  • Failure to properly diagnose: Would another competent doctor have been able to discover the patient’s illness? Would it have led to a better outcome for the victim?
  • Improper or Inaccurate treatment: This could involve a physician giving a patient treatment that another competent doctor would not or if a provider dispenses a treatment incompletely or inappropriately.
  • Failure to inform: Providers must warn patients of known risks and possible side effects of treatment, it is also known as the “duty of informed consent.”
  • Negligence of care: These types of cases may include an unnecessary or incorrect procedure or surgery, leaving medical devices inside of a patient after surgery, operating on the wrong body part, or prescribing the wrong medication or dosage.

These types of medical malpractice situation must result in a patient suffering harm from the effects of this substandard care. Damage could be related to pain and suffering, loss of income, disability, more surgery or continued medical intervention in order to correct the mistake.

How is Medical Malpractice proven?

In the state of Texas, anyone who is seeking to file medical malpractice care must submit what is known as an “affidavit of merit.” This is a document from a qualified medical malpractice expert. This document provides a summary of the expert’s opinions when it comes to assessing the standards of care, the manner in which the care was given, and the provider's failure to meet those standards which resulted in the injury, further damage, or death.

This affidavit must be submitted within 120 days of filing a case. There is also a statute of limitations in the state of Texas for medical malpractice cases. Cases of malpractice must be filed within two years of the date of injury.

What Compensation Is Available and Which Parties are Liable?

Compensation may be available to victims of medical malpractice in the form of financial compensation for damages, medical bills, loss of earnings or potential earnings, and life care expenses.
If you’ve lost a loved one due to the negligence of a medical professional or facility, you could be eligible to seek compensation through a wrongful death action. Compensation for the loss of someone due to medical malpractice could include funeral and burial expenses, loss of emotional and financial support, and other damages.

Why Choose Kherkher Garcia?

Your health is a major factor when it comes to leading a happy and productive life. When your health is put in jeopardy because of medical malpractice or negligence it can impact your life for years to come. Not only do you have your continued health to worry about, but it can also be expensive and financially draining to deal with the repercussions of a medical error. You may have to face more surgeries, physical therapy, different medical treatments, all just to get back to baseline. If you believe your current condition may be the result of medical malpractice it is in your best interest to contact a lawyer right away.
At Kherkher Garcia, our team of personal injury lawyers has what it takes to fight for the victims of medical malpractice and hold the negligent provider responsible for the damage they have done. If you or a family member has been involved in what you believe to be a medical error, call us today. The call and the consultation are both free. It is important to reach out to us as soon as you are aware that a mistake has been made in your care, in Texas there is a time limit to when you can file a claim. Let us help you get the justice that you deserve.

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As personal injury attorneys, we fight for people who are injured and hold those responsible for the harm accountable, so that our clients can obtain justice, so that our society can be safer, and so that people come before profits.

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