Houston Medical Malpractice Law Blog

If Texans were injured by the negligence of a medical professional, then they may be considering a medical malpractice lawsuit. These claims, when successful, can bring a victim compensation to help alleviate damages that were unexpectedly and undeservedly thrust upon them. These damages may include lost wages, medical expenses, pain and suffering and other noneconomic losses. However, before this compensation can be recovered, liability must be imposed, and this is no small feat.

One important consideration when pursuing one of these claims is the applicable standard of care. The standard of care that is applied in a medical malpractice case can be crucial because it serves as the bar that a defendant must live up to if he or she wishes to avoid liability. Therefore, a victim who can show that a higher standard of care is applicable may increase his or her chances of succeeding on a medical malpractice claim.

One of the challenges that Texas medical professionals face is that various conditions can share a wide number of symptoms. The responsibility then falls on a doctor to make an accurate diagnosis so that a patient can receive the most effective treatment possible under the circumstances. This may mean ordering multiple tests, accurately interpreting those test results and even obtaining a second opinion from a co-worker. Sadly, far too often, medical professionals are over-confident in their diagnosing abilities. This, in turn, can lead to a failure to diagnose a serious medical condition or a wrong diagnosis.

This happened to one woman who wound up blind because of her doctor's inadequate medical treatment. There, the woman, who was pregnant at the time, complained of having pressure surrounding her eyes and blurred vision. These complaints were made during multiple prenatal visits. Yet, her doctor chalked the symptoms up to the pregnancy and failed to order any kind of testing to determine if there was any other cause. As it turned out, the woman actually had glaucoma. The woman subsequently had surgery, but by then, it was too late to save anything but 10 percent of her vision.

The time surrounding the birth of a child can be filled with anticipation and anxiety. While most Texans are excited for the births of their children, most still have a concern in the back of their mind that something will go wrong. Fortunately, most births occur without incident, and the child and his or her parents go on to live happy and healthy lives. But, medical care when it comes to delivering a child is not foolproof, and when it is carried out negligently, serious harm can be inflicted upon a child, a mother or both.

The damages that can result from a birth injury, like cerebral palsy can be extensive. The medical care necessary to care for such a condition alone can be enough to financially ruin some families. Add to that the emotional pain and the overwhelming stress that accompanies a birth injury and one suddenly finds themselves in a position to feel hopeless.

Surgical errors are more common than Texans think. Far too often surgical instruments are left inside patients, the wrong body parts are operated on or the wrong operation is conducted. These incidents can leave victims seriously injured and even deformed. Making matters even more frightening is the fact that surgical errors can go far beyond a slip of the scalpel or a failure to count sponges prior to stitching a patient up.

For example, surgical fires are a real issue that have to be dealt with in the medical field. According to the FDA, there are as many as 650 of these fires each year. They are defined as fires that occur in, on or around a patient and they can cause serious injuries and death. While many hospitals have implemented safety programs in an attempt to eliminate these fires, the fact remains that a quick Google search will uncover multiple news stories, some relatively recent, highlighting incidences where unsuspecting patients were burned during an operation.