Medical Malpractice Death Attorney in Texas

The Pursley Law Firm in Texas can help you learn about your medical malpractice rights if you or a loved one has been seriously injured in a hospital accident or any other medical facility. If a death occured due to medical malpractice or negligence you will need to speak to a highly experienced wrongful death attorney to evaluate your case. Our attorneys have represented clients in Houston, Dallas, Austin, San Antonio and most of Texas.

Medical malpractice is another specialized form of negligence law. These claims arise when a person is injured or dies as a result of a negligent or intentional act by a doctor, nurse, psychiatrist, dentist, or other healthcare provider. As in general liability cases, medical malpractice cases have the standard of reasonable care. However, in medical malpractice cases the standard is reasonable care exercised by a doctor. Some types of claims arise out of various types of surgical injuries, missed or delayed diagnoses, improperly filled or dispensed prescription errors, a lack of informed consent, anesthesia errors, patient neglect or abuse, and unreasonable or negligent conduct by a doctor or healthcare provider. A distinguishing point of medical malpractice law is the need for expert witnesses (i.e. other doctors in the same specialty or surgical area) to help the jury to understand what the standard of care is for a doctor. Although the practice of medicine seems commonplace to us, most people do not realize the dangers involved in practicing medicine (e.g. surgery, prescription medications); and even though physicians are highly trained because of the risks involved in what they do, there is a higher standard of care.

If a jury finds the doctor or healthcare provider did not meet the standard of reasonable care, then that doctor is legally responsible for the injury or death of the individual, and compensatory damages will be awarded to the survivor by the jury. The purposes of compensatory damages are to put the injured person back into the position they were in before the injury or for the surviving family member(s) to be awarded damages for lost income that the deceased would have provided, loss of companionship, and/or loss of nurturing and guidance. In certain cases punitive damages are awarded when it is determined that the wrongdoer needs to be punished for their actions and in hope that it will deter them from hurting others, (e.g., if the actions taken by the healthcare provider were intentional). Even though there has been recent tort reform passed in Texas that affects medical malpractice cases, most people can still recover damages in these cases.

It is very unfortunate that these types of cases exist since we go to doctors to be healed, have diseases treated and cured, and made to feel better. The last thing anyone expects is to have a worse injury or even be killed by a medical mistake. There can be some challenges in preparing these cases for litigation because of the complicated material involved, so it is imperative that you seek legal counsel immediately if you have lost a loved one due to circumstances of medical malpractice.

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