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An emergency room is a challenging work environment. Recently, there has been a decline in the number of their locations, along with a growth in the number of people needing access to them. This results in crowded rooms with large numbers of people who need urgent medical attention. These working conditions and lack of resources can lead to sloppy care or reckless actions, resulting in patients who could be leaving worse off than they arrived.
We don’t expect miracles from doctors, nurses, or other well-meaning professionals, but when basic, egregious mistakes are made, someone has to answer for them. If you were harmed because of an act of negligence or malpractice in a hospital, you should contact a Houston, Texas emergency room error lawyer from Davis & Davis today. With the compassion and knowledge necessary to handle your medical malpractice claim, our firm can give your case the best possible shot at the results you’re looking for.
How a Houston, Texas Emergency Room Error Lawyer Can Help
Hospital negligence, which results in serious harm to a patient, must be handled only by an experienced Houston, Texas emergency room error lawyer who understands the ins and outs of malpractice claims. The legal team here at Davis & Davis is dedicated solely to helping victims of medical negligence and malpractice get the compensation they need. Our emergency room error attorneys in Houston can do so by assisting with the following:
Establishing Liability
Medical professionals are expected to handle a condition in a similar way, or as well as an average professional would under similar circumstances. When a doctor’s performance falls significantly and clearly below this, they have committed malpractice, which may leave them at fault for your injuries.
Receiving disappointing medical results at your emergency room does not qualify you for filing a claim. Your medical provider cannot change the test results or be held accountable for unpreventable injuries. However, if their blatant recklessness causes a new injury or makes your previous condition worse, they may be found liable in court. Common causes for negligent behavior specifically related to an emergency room error include working without proper breaks or sleep, working while intoxicated, lack of training, and understaffed facilities.
Filing Your Claim
Emergency room errors can result in quite serious injuries. In addition to the injury you went to the emergency room with, this can cause even more time spent having to recover from your symptoms. Texas currently has a two-year statute of limitations for medical malpractice claims, which means you have two years from the date of the emergency room error to have filed your claim.
This may seem like an appropriate amount of time, but ensuring everything has been collected and filed to the correct entity can be difficult, especially while navigating an injury. While you focus on resting and relaxing, Davis & Davis will make sure all of the proper documentation has been filed on time.
Collecting and Assessing Evidence
In order to demonstrate negligence has occurred and it directly impacted your injuries, your emergency room error attorney will immediately begin an investigation into the circumstances surrounding your emergency room error injury. They will work quickly to acquire and assess any time-sensitive evidence, using any relevant pieces to build your case and showcase the need for financial compensation and justice.
In the case of an emergency room error medical malpractice claim, common examples of viable evidence can be photographs of your condition before and after the visit, detailed medical records of the intended care, and professional medical testimony.
Damages Available for Emergency Room Errors
As a victim of medical malpractice, you have probably been left with unexpected medical bills, along with the emotional trauma associated with experiencing negligent treatment. This leaves you eligible to receive damages for the following:
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- Economic losses: For physical damages and tangible losses, economic damages can be rewarded. This can include past, present, and future medical bills, emergency medical visits, the cost of rehabilitative therapy, and the cost of prescription medications.
- Non-economic losses: Undergoing a procedure you were not meant to or receiving an incorrect diagnosis or prescription can result in a long period of stress, anxiety, and depression. For your emotional trauma, non-economic damages may also be rewarded.
- Punitive damages: When your emergency room error is the result of a blatant disregard for your safety, your attorney can help you file a claim for punitive damages. This is not directly correlated to your losses, but instead acts as a measure against the liable party for their gross negligence.
Davis & Davis can help you evaluate your case to determine how much compensation you may be owed in both economic and non-economic damages.
How to Proceed After an Emergency Room Error Results in Wrongful Death
When an emergency room error results in the wrongful death of a family member, Davis & Davis can guide bereaved families through the complex legal process. We can help establish liability by demonstrating how the medical professionals’ actions deviated significantly from the standard of care expected, thus contributing to the wrongful death.
In Texas, the right to file a wrongful death claim is primarily granted to the immediate family members of the deceased, including the spouse, children, and parents. This encompasses both biological and adopted children, providing them a legal pathway to seek compensation for their loss. Texas law does not automatically extend the right to file a wrongful death claim to siblings, life partners, or grandparents, focusing instead on those with the closest familial relationships to the deceased.
In instances where these immediate family members do not file a claim within three months of the death, the executor or administrator of the deceased’s estate may proceed with a claim, unless specifically requested not to by all eligible family members.
Contact an Emergency Room Errors Lawyer Today
Don’t try to face the aftermath of your emergency room error alone. The insurance companies are not your friend and will do everything in their power to provide you with a settlement unworthy of your losses. The Houston emergency room error attorneys at Davis & Davis are relentless advocates for people who have been harmed by emergency room errors. Our emergency room error lawyers have served injured people with compassion and skill, and they have over 70 years of combined experience.
For an appointment with a Houston, Texas emergency room errors lawyer, contact us today at (888) 522-9444 or by filling out our contact form. Davis & Davis proudly accepts referrals from Texas emergency room error attorneys and law firms nationwide.
