Medical Malpractice Attorneys in Austin

Understanding Medical Malpractice & Negligence

Doctors, nurses, hospitals, and other healthcare professionals and facilities have a duty to provide a reasonable standard of care to patients. When medical practitioners breach this duty, the consequences are typically very serious. Not only can victims suffer serious bodily injury, they often suffer the emotional distress that accompanies this violation of trust as well.

If you were injured as a result of medical malpractice or your loved one was killed due to medical negligence, you are entitled to take legal action. At Howry Breen & Herman, we have nearly 25 years of experience handling all types of complex medical malpractice claims. Our team utilizes an in-depth knowledge of the law, as well as extensive trial experience to aggressively advocate for you. We have handled thousands of cases and secured full and fair results for our clients.

Call (512) 430-4844 or fill out an online contact form to request a complimentary case evaluation with one of our medical malpractice attorneys in Austin.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the appropriate standard of care, resulting in harm or injury to a patient. To be considered malpractice, the error must be a deviation from the accepted norms of medical practice and directly cause harm to the patient.

Common types of medical malpractice cases include:

• Misdiagnosis or Delayed Diagnosis: A failure to correctly diagnose a medical condition or a significant delay in diagnosis can lead to improper treatment or lack of necessary treatment, worsening a patient’s condition.
• Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing damage to nearby organs, fall under surgical errors.
• Medication Errors: This includes prescribing the wrong medication, improper dosage, or administering medication in a way that harms the patient.
• Birth Injuries: Negligence during pregnancy, labor, or delivery that results in injury to the mother or baby. Common examples include failure to monitor fetal distress or mishandling of delivery tools.
• Anesthesia Errors: Errors in administering anesthesia can lead to serious complications such as brain damage, nerve injury, or even death if the patient is not properly monitored.
• Failure to Treat: When a doctor correctly diagnoses a condition but fails to provide adequate or timely treatment, this can be considered medical malpractice.
• Hospital Negligence: This includes poor facility hygiene, understaffing, or failing to follow safety protocols, leading to infections or other harm to patients.
• Emergency Room Errors: Mistakes made in the fast-paced environment of an emergency room, such as misdiagnosing critical conditions (e.g., heart attacks or strokes), delayed treatment, or improper triage, can lead to serious harm.
• Hospital-Acquired Infections (HAIs): Patients may develop infections due to poor hygiene, unsanitary conditions, or negligence in post-surgical care. This type of malpractice includes cases like MRSA infections contracted while in the hospital.
• Radiology Errors: Misreading or failing to properly interpret X-rays, CT scans, MRIs, or other diagnostic imaging can lead to incorrect treatment plans, delayed diagnoses, or overlooked injuries and conditions.
• Errors in Lab Testing: Mistakes in performing or interpreting lab tests (blood work, biopsies, etc.) can lead to incorrect diagnoses and improper treatment plans.
• Failure to Monitor During Surgery or Recovery: If a patient is not properly monitored during surgery or post-operative recovery, serious complications like infections, internal bleeding, or adverse reactions can go unnoticed.

This list is not exhaustive; there are many other instances of medical negligence that can result in severe injury and/or death. If you believe you were harmed or your loved one was killed as a result of medical malpractice, reach out to an experienced medical malpractice lawyer in Austin as soon as possible.

How to File a Medical Malpractice Lawsuit in Texas

The state of Texas has a two-year statute of limitations on medical malpractice claims, as well as a 10-year statute of repose. In order to pursue a medical malpractice claim, therefore, you must take action within two years of the date of the injury or the date the injury was discovered. If you were injured as a result of medical negligence more than 10 years ago—even if you have only recently discovered the injury—you will likely not be able to take legal action. However, every situation is unique, and it is always to your benefit to speak with an attorney about your options.

In order to file a medical malpractice claim, you will have to prove the following:

• A medical professional or facility violated the accepted standard of care
• This violation led to your injuries or the death of your family member
• The injuries/death would not have occurred had the negligence not occurred
• You suffered considerable damages as a result of your injuries/your loved one’s death

It is also important to note that Texas has a cap on non-economic damages or damages that cannot be measured in terms of a specific dollar amount, such as pain and suffering, emotional distress, etc.

Discuss Your Options with Our Team Today

Our firm can help you navigate the complex process of filing a medical malpractice claim. We understand just how devastating it is to find that your trust in a doctor or hospital has been violated. This, coupled with the need for more medical treatment and the financial consequences of having to take time off work to obtain this treatment can be overwhelming. By placing our dedicated and experienced team on your side, you can have the peace of mind of knowing our attorneys are fighting for you. We can handle every aspect of your case so that you can focus on healing.

With nearly 25 years in practice, our firm has successfully recovered full and fair compensation for our clients. We are not content to settle for the first, low offer from the liable party; instead, we are prepared to take your case to trial in order to recover the full and fair compensation you are owed. Throughout the process, we can act as your guide and advocate every step of the way.

Get in touch with our Austin medical malpractice lawyers today by calling (512) 430-4844. We also serve clients in Georgetown and the surrounding areas.