If you or a loved one suffered substantial injuries due to medical malpractice, you are not alone. The statistics are nothing short of shocking. A study conducted by Johns Hopkins University (JHU) has found that medical malpractice is now the third-leading cause of deaths in the United States.
In theory, medical malpractice can arise in a variety of circumstances. However, not all medical errors automatically qualify as a medical malpractice claim. If you are unsure whether you have a medical malpractice case, an Austin medical malpractice lawyer can review your case and advise you of your legal options. Contact Ben Crump Law, PLLC today at (800) 641-8998 for a free case review.
Examples of Medical Malpractice
Medical malpractice can be devastating for a patient and their loved ones. When we go to a hospital, doctor, or another medical provider for treatment, we expect to get better. Finding out that a medical provider made a grave mistake with our treatment and we are now worse off than before—or potentially even disabled for life—can be crushing.
In many cases, medical malpractice often leads to wrongful death. According to the Civil Justice Resource Group (CJRG), up to 120,000 people die every year due to medical malpractice. Medical malpractice can be any type of medical error that leads to injury or death when a provider fails to deliver a “standard of care” as required.
Some examples of malpractice include:
According to Medical News Today, at least 4,000 surgical errors occur in the U.S. each year, including operating on the wrong body part. Other surgical errors that can lead to permanent disability or death include operating on the wrong patient, using non-sterile instruments, or leaving instruments inside the patient. Surgery always carries a risk to the life of a patient, hence performing unnecessary surgery can also amount to medical malpractice.
Misdiagnosis, Failing to Diagnose, and Delayed Diagnosis
Misdiagnosis, failure to diagnose, and delayed diagnosis can all be forms of medical malpractice. Without the necessary treatment, or with the wrong treatment, a patient will potentially get worse and may even die. If a condition such as cancer goes undiagnosed for a considerable time, a patient’s survival chances may be greatly reduced.
Prolonged or complicated labor or delivery can be challenging for a mother-to-be as well as her medical team. Mistakes can happen, particularly when a doctor uses instruments to speed up delivery. Unfortunately, some injuries such as lack of oxygen can leave a child disabled for life. Other preventable birth injuries may include cerebral palsy, fetal stroke, nerve damage, and fractures. Permanent birth injuries can cause severe financial hardship for families.
An anesthetist is responsible for keeping any risks associated with anesthesia as low as possible. This includes preparing a patient carefully and studying their medical records before surgery. An anesthetist should also closely monitor the patient throughout surgery. While there are always certain risks associated with anesthesia, if a medical provider does not practice a good standard of care, the risks for lasting damage and death are much higher.
There are many other types of medical errors that may be classified as medical malpractice. These include but are not limited to:
- Avoidable infections due to substandard care
- Misinterpreting laboratory results
- Failing to perform adequate aftercare
- Medication errors
If you or a loved one were victims of medical error, you may be able to file a medical practice claim against your medical provider. An Austin medical malpractice lawyer can help determine if you have a case and what your best course of action may be. Contact Ben Crump Law, PLLC today for a free consultation.
For a free legal consultation with a medical malpractices lawyer serving Austin, call 800-959-1444
Medical Malpractice that Leads to Wrongful Death
Unfortunately, medical malpractice can and does lead to wrongful death. Not only is it extremely upsetting to lose a loved one due to an avoidable medical mistake, but the family may now suffer from unexpected financial hardship as well.
While no amount of compensation can replace your loved one, it could potentially help with your family’s financial responsibilities. If you are an immediate family member of the deceased, such as their spouse or child, you may be able to file a wrongful death lawsuit against a medical provider and/or hospital.
Timely action is important in wrongful death cases, especially in Texas. Texas Civil Practice and Remedies Code §16.003 gives you only two years from the death of your loved one to file a lawsuit. We understand that coming to terms with a death in the family will take some time—however, do not wait too long before you initiate legal action. An Austin medical malpractice lawyer can fight for your rights and stay by your side every step of the way.
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Compensation for Medical Malpractice
If a negligent medical provider caused your injuries, you have the right to seek compensation for your losses. The types of compensation and the amounts you might receive will depend on your specific injuries and whether you have any permanent disabilities.
The types of compensation you may be able to recover include:
- Current and future medical expenses
- Current and future lost income
- Modifications of your home and/or car
- Medical devices and accessories
- Physical therapy and other rehabilitative treatments
- Pain and suffering
- Mental distress
- Cost of a home health aide
- Loss of quality of life
If your medical provider was grossly negligent, you could potentially receive punitive damages as well.
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Contact an Austin Medical Malpractice Lawyer Today
Medical malpractice cases can be challenging to litigate and may require the testimony of several expert witnesses. The medical provider and their lawyers will most likely fight your claim vigorously.
Our Austin medical malpractice lawyers can help you with every aspect of your medical malpractice claim, including gathering the necessary evidence and providing expert witnesses. We do not shy away from tough cases and we know what it takes to hold negligent medical providers accountable for their mistakes.
Contact Ben Crump Law, PLLC today at (800) 641-8998 to speak with a member of our team and get started on your case.
Call or text 800-959-1444 or complete a Free Case Evaluation form