Texas Medical Malpractice Lawyers
Pursuing Justice for Victims Injured by Medical Negligence
As patients, we expect medical practitioners to honor the saying, “First, do no harm.” Sadly, many patients are harmed by their doctors every year, leading to serious injuries and fatalities in Texas. If a negligent healthcare professional harmed you, our medical malpractice lawyers can protect your rights and pursue the justice you deserve.
At Hilliard Law, our skilled attorneys are committed to bettering the lives of others in our community. If you or a loved one is a victim of medical malpractice, don’t throw away your health or financial security by failing to secure skilled representation. Our diligent lawyers can prioritize your unique needs by maximizing the value of your claim and seeking to recover damages from the negligent parties responsible.
If you suffered medical negligence, our attorneys can pursue justice by seeking compensation on your behalf.
What Constitutes Medical Malpractice in Texas?
If you were harmed by a healthcare professional who failed to exercise reasonable care and prudence while administering health services—such as a treating physician, nurse, technician, psychiatrist, or hospital—our medical malpractice lawyers can help you file a claim to pursue fair compensation.
Under Texas law, medical malpractice is defined as a failure to use “ordinary care” by a doctor or other healthcare professional, resulting in harm to the patient. This means that the provider must have acted in a manner that deviated from standard practice within their profession. We understand the physical, emotional, and financial toll that medical malpractice takes on victims and their families. That's why we're dedicated to providing high-quality legal representation to Texans injured by negligent healthcare professionals.
Common Types of Medical Malpractice
Medical malpractice is a broad legal area that encompasses many types of mistakes and errors by medical professionals. From failing to diagnose patients promptly to leaving medical instruments or other foreign objects inside a patient after surgery, there are many acts that can result in a medical malpractice lawsuit.
Common types of medical negligence resulting in medical malpractice lawsuits against healthcare professionals include:
- Misdiagnosis
- Surgical errors
- Medication errors
- Failure to diagnose
- Lack of informed consent
- Failure to advise of diagnosis
- Improperly prescribing a drug
- Errors in prenatal diagnostic testing
- Abandonment (e.g., the failure to attend to a patient)
- Failing to inform the patient of available treatments
- Continuing a treatment that is ineffective
- Below-standard treatment or incorrectly-performed treatment
Do I Have a Medical Malpractice Claim?
Medical professionals have a duty to use care and diligence in diagnosing and treating your illness. To fulfill that duty, practitioners must:
- Perform a thorough examination
- Order appropriate diagnostic tests
- Ask for a detailed description of current symptoms
- Disclose all information pertaining to your treatment
- Take a detailed medical history, including your family’s medical history
- Refer you to a specialist if your treatment is beyond the scope of practice of the examining doctor or beyond the doctor’s areas of expertise
If your doctor fails to follow these basic principles, resulting in harm to you or a family member, you may be eligible for compensation in a medical malpractice claim. Taking swift legal action is essential to preserve key evidence, thoroughly investigate the incident, and file a lawsuit prior to the deadline imposed by the statute of limitations.
How to File a Medical Malpractice Claim in Texas
When it comes to medical malpractice, Texas is one of the most challenging states to secure compensation after medical negligence. Medical malpractice claims can be difficult and expensive to litigate, making it imperative to work with a trusted medical malpractice attorney to maximize your chance of obtaining a favorable outcome.
If you suffered an injury due to medical negligence, our seasoned attorneys can help you navigate the complexities of court by directing your steps wisely from start to finish. Time is of the essence in medical malpractice lawsuits, which is why our firm is committed to helping victims seek justice after medical malpractice.
Our lawyers can guide you through the legal intricacies of filing a claim, including:
- Evaluation and investigation: Our medical malpractice attorneys can evaluate the unique circumstances of your case by conducting a thorough investigation to assess the value of your claim, as well as ensuring it meets the legal requirements for a medical malpractice claim under state law.
- Gathering evidence: Our lawyers can work closely with you to gather all relevant evidence pertaining to your claim, from medical records to billing documentation to statements from various experts and witnesses, to strengthen your case and determine liability.
- Obtaining an Affidavit of Merit: Under state law, medical malpractice victims must provide a signed “affidavit of merit” from a qualified expert witness in support of their claim. This sworn document must state the provider’s negligent actions and how they caused your injury. Our firm has a vast network of connections and resources to find and retain qualified medical experts who can provide this affidavit and move your case forward.
- Filing a Certificate of Merit: Before filing a medical malpractice claim, you must file a “Certificate of Merit” with the court that outlines the merits of your case and your expert’s credentials. At Hilliard Law, our skilled attorneys can help draft and file this document on your behalf to ensure it is completed correctly and on time.
- Negotiating with the insurance company: After filing the Certificate of Merit, our attorneys can effectively negotiate with the healthcare provider's insurance company to recover the fair compensation you deserve.
- Preparing for court: If the insurance company is unwilling or unable to agree to a fair settlement, your case will proceed to trial. Our dedicated attorneys can represent your interests in court by presenting a strong case, compelling evidence, and expert testimonies to prove that the healthcare provider’s negligence resulted in harm.
Our nationally recognized firm has the necessary skills and resources to thoroughly investigate your case to determine if medical malpractice played a role in your injuries, in addition to working with medical experts to build you the strongest case possible.
If you were wrongfully injured by medical malpractice, contact us online to discuss your case with a knowledgeable attorney.
Real Results ReaL Justice
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Record-Setting$575Wrongful Death
Million Settlement*Hilliard Law attorneys represented numerous injury victims and the families of those killed in accidents caused by GM’s defective ignition switch and their concealment of safety defects.
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$50Class Action
Million Settlement*Mr. Hilliard was the lead class counsel in Haese v. H&R Block, a class action lawsuit involving every Texan who received a rapid refund from H&R Block (approx. 300,000 plaintiffs). He assisted other class counsel in forcing H&R Block to disclose it received kickbacks for arranging loans between its tax preparation clients and predatory lenders.
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$50Wrongful Death
Million SettlementIn September 2021, Hilliard Law attorneys secured a $50 Million settlement for the family of a man who died in a commercial trucking accident.
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$33Traumatic Brain Injury
Million VerdictThe Hilliard Law trial team won a $33M product liability case against a golf-car company, involving a golf cart that tipped over on a child causing a severe traumatic brain injury.
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$30ATV Accident
Million VerdictA jury determined that the defective design and marketing of an All Terrain Vehicle were the proximate cause of the decedent's injuries in a fatal ATV accident.
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$25Negligent Security
Million VerdictIn May 2013, Mr. Hilliard was the lead trial attorney who obtained a $25 million jury verdict in a premises liability case in Nueces County, Texas. His client, a security guard for a downtown Corpus Christi building, was severely beaten while at work.
Statute of Limitations for Medical Malpractice in Texas
The statute of limitations in a Texas medical malpractice lawsuit is two years starting from the date the medical negligence occurred, or from the date it could have been reasonably discovered. If this period passes without filing a lawsuit, plaintiffs can forfeit the opportunity to pursue justice.
The nuances of medical malpractice law are complex, and it’s crucial to seek sound counsel from a qualified attorney who can evaluate the unique circumstances of your claim and help you file your claim in compliance with all legal processes and procedures, including the filing deadline.
Recovering Damages in a Medical Malpractice Lawsuit
Injured patients can seek to recover various damages after medical malpractice. These include:
- Economic Damages: These compensate for financial losses suffered by the victim, (e.g., losses that can be quantified with a monetary amount). Common examples include lost wages, medical bills, treatment costs, and property damage.
- Non-Economic Damages: These compensate victims for non-financial losses, such as loss of consortium, loss of enjoyment of life, pain and suffering, and emotional distress.
- Punitive Damages: Unlike other compensatory damages, which focus on compensating the victim for their injuries and suffering, the purpose of punitive damages is to punish defendants for especially extreme or reckless acts.
Helping Texans Secure the Compensation They Deserve
With more than 30 years of experience helping the wrongfully injured seek compensation for wrongful injuries, our firm is well-equipped to help victims recover damages after medical negligence. We understand how intimidating and frustrating it can be to recover damages after sustaining a wrongful injury, which is why our compassionate team is committed to holding negligent providers accountable for their negligent actions.
If you were harmed by a healthcare provider or other negligent party, Hilliard Law can pursue justice by seeking maximum compensation on your behalf. From oil field injuries to ATV accidents, don’t hesitate to secure the skilled representation you deserve after suffering a wrongful injury. Turn to a nationally recognized firm with decades of experience to prioritize your unique needs and guide your legal steps with care and integrity.
It’s our mission to hold the powerful accountable for their wrongdoing. Reach out to our team immediately regarding your case to schedule a free attorney consultation today.
