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Medical Malpractice

When Healthcare Professionals FAil to Provide Proper Care, Arnold & Itkin
Helps Injured Patients & Their FAmilies SEe Justice SErved.

Houston Medical Malpractice Attorneys

Have You Been Injured by Medical Negligence in Texas?

A person who has been seriously injured or become gravely ill will require extensive medical attention. In fact, even individuals who have suffered only minor injuries or illnesses could still need to see a physician in regards to their maladies. Unfortunately, you cannot always rely on the doctor, hospital, nurse, etc. that is treating you. In some cases, a medical care provider may act negligently and cause great harm to the patient.

There are instances of medical malpractice that lead to severe injury, sometimes wrongful death, for the patients who are unfortunate enough to have been paired with a careless or incompetent healthcare professional. If this happened to you, Arnold & Itkin can help. Call (888) 493-1629 today.

Understanding Medical Malpractice Claims

A medical malpractice claim can be filed whenever a health care provider fails to meet the acceptable standards of practice and medical injury results. When a medical malpractice claim is made, and the case is brought to court the patient will become the plaintiff and the health care provider will become the defendant. In these types of cases, the plaintiff must confirm certain elements of tort negligence to prove that their case was, in fact, one of medical malpractice. Successfully establishing that a medical professional's duty to provide care was not met or was breached in some way that caused injury and damages will be best accomplished with the legal help of a medical malpractice attorney.

The trial period of a court case is often a difficult time. There are many unknowns when it comes to facing a judge, jury, and defendant; therefore, it is important to ensure you have a legal team on your side that can help prepare you for any situation that may arise. Medical injury lawsuits and cases of medical malpractice are often complicated matters that cannot be settled quickly or easily. An extensive amount of time and research must be invested into cases of this nature, if for no other reason than they involve so many different components for a successful case.

Medical Malpractice FAQ

What Constitutes a Medical Malpractice Claim?

Typically, when people think of medical malpractice, they think of terrifying and catastrophic hospital stories. However, under the defined conditions, medical malpractice claims are broader than they appear. As stated, a plaintiff can file a medical malpractice claim whenever a medical facility or health care professional fails to meet the expected standards of treatment. For example, malpractice can be as simple as a doctor using latex gloves with a patient who is allergic to the material, causing them to suffer a severe allergic reaction.

The Four Components of Medical Malpractice

Medical malpractice lawsuits must prove four conditions for the plaintiff to recover damages.

The four conditions are as follows:

  • In regards to duty, a medical malpractice lawsuit must prove that the defendant had an obligation to diagnose an ailment, perform a procedure, or care for the defendant’s well-being due to the duty the defendant had to the patient. For instance, a lawyer can prove duty through medical records that confirm that a doctor is the primary care physician for a patient. In the latex glove example, the doctor can be shown to have a duty to the patient based on the fact that they are the patient’s longtime dermatologist.
  • Breach of duty is the defendant’s indirect failure to diagnose given symptoms or treat an ailment correctly. Essentially, a breach of duty is a defendant’s mistake that objectively flies in the face of the standard treatment procedure. In the latex glove example, the doctor using latex gloves despite the patient’s medical chart showing that they are allergic to the material would be considered a breach of duty.
  • Harm is the physical or emotional consequences that the patient endured at the hands of the defendant. Physical harm should be proven through hard evidence, such as pictures of the wound that resulted from the malpractice, which can be presented to the jury. In the latex glove example, the allergic reaction could have caused the patient to suffer anaphylactic shock, resulting in a swollen tongue. The report the hospital creates that summarizes the episode of anaphylactic shock may be used to prove that harm occurred.
  • Finally, the last element a lawyer must prove is causation. Causation is proof that the breach of duty by the defendant and the harm that the patient suffered have a cause-and-effect relationship. Causation must prove that the defendant’s negligence caused the plaintiff’s stated harm. In the latex glove example, the plaintiff’s team may gather testimonies from family members who witnessed the plaintiff suffer from past anaphylactic shock episodes due to latex contact. By collecting old testimonies where the plaintiff suffered anaphylactic shock, a lawyer can prove that there is a causal relationship in which the doctor’s breach of duty caused the patient’s harm.

From the filing of the suit, to the sharing of information between both parties, to the actual trial, there is a lot on the line in medical malpractice cases. The best way to protect yourself and maintain your well-being is by aligning yourself with a medical malpractice lawyer that can support you through the periods of interrogation and guide you.

What Kind of Damages Are Available in a Medical Malpractice Claim?

There are three kinds of damages typically available through a medical malpractice lawsuit: general damages, special damages, and punitive damages.

  • General damages is compensation for unquantifiable losses, like loss of enjoyment, loss of consortium, pain and suffering, and mental anguish.
  • Special damages are quantifiable economic losses, such as medical bills and lost time at work.
  • Punitive damages are money awards specifically designed to punish criminally negligent or egregious healthcare providers to compel them to change; these damages are rare.

What Are Common Examples of Medical Malpractice Claims?

Misdiagnosis, surgical errors, or prescribing the wrong medication make up the bulk of medical malpractice cases. Misdiagnosis is the most common of the three. With misdiagnosis cases, your doctor may fail to identify your illness in a timely fashion or may identify the wrong illness. In either case, misdiagnosis could cost some people—especially cancer patients—years of their life, so it’s a serious act of negligence.

Contact Our Legal Team Today for a Free Case Evaluation: (888) 493-1629

Arnold & Itkin LLP is committed to representing those who need it most.

When you are suffering from a medical injury that resulted from an inattentive doctor or an adverse reaction to a medication that was wrongly prescribed to you, there is nothing better to do for yourself than to take legal action. Your current health has already been compromised, but your future well-being does not have to be. We believe that the care and safety of patients should always be the number one priority of practicing physicians (dental, therapeutic, surgeon, medical, etc.) and we are willing to fight tooth and nail to help you get the compensation you deserve. Your rights as a patient were violated during the medical procedure that left you injured or ill; we are here to make sure your doctor answers for it.

Contact a Houston medical malpractice lawyer from our firm to learn more. Your consultation is free and private.

Case Results

Check Out Our Victories

  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $92.7 Million Record Settlement for Burn Injury Victim Arnold & Itkin LLP secured a substantial settlement for a man who suffered severe burns in an accident at his job. The settlement set a new record statewide for workers with similar injuries.
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“At Arnold & Itkin, the whole company is selfless—amazing. It meant a lot to me because I don’t think I could have made it through without them. I was very happy with the outcome of the case, very happy.”
Joe Workplace Explosion Victim

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