Dallas Hospital Malpractice Lawyer

Every year, thousands of people suffer medical negligence at the hands of doctors and hospitals in Dallas. For many, the physical and emotional trauma can be devastating. The good news is that if you or a loved one has suffered harm due to hospital negligence, you may be entitled to significant compensation.

With a proven track record of success in cases ranging from surgical errors to misdiagnosis to lack of informed consent, Crain Brogdon LLP has the experience and expertise to help victims of hospital negligence in Dallas get the justice and financial recovery they deserve.

What Constitutes Hospital Negligence in Dallas?

Hospital negligence refers to mistakes, errors, or substandard care on the part of doctors, nurses, and other medical staff that results in harm to a patient. In Dallas, as in the rest of the U.S., hospital negligence is considered medical malpractice. Victims may be entitled to compensation through a medical malpractice lawsuit.

• Negligent diagnosis or treatment. Failure to diagnose a condition properly or provide adequate and appropriate treatment constitutes negligence. Two examples are misdiagnosing a heart attack as indigestion or improperly administering medication.
• Surgical errors. Errors during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, are negligent acts.
• Failure to monitor or improper monitoring. Not properly monitoring a patient’s condition and vital signs or improper monitoring that leads to harm is negligent. For example, failure to properly monitor a patient’s oxygen levels after surgery can lead to brain damage.
• Unsafe conditions. Maintaining an unsafe facility, equipment or environment that leads to patient harm or injury also qualifies as negligence. For example, failure to properly sanitize equipment can lead to infection.

Victims of hospital negligence in Dallas may be entitled to compensation for damages like medical bills, lost wages, pain and suffering, and wrongful death. Crain Brogdon LLP offers free consultations to evaluate the details of a potential case and determine if the victim may have grounds for a lawsuit against negligent parties. With proper legal representation, victims of hospital negligence in Dallas can get the justice and compensation they deserve.

The Most Common Types of Hospital Malpractice

Hospital negligence and malpractice can have devastating consequences. Patients place their lives in the hands of doctors, nurses, and other hospital staff, trusting that they will receive competent and careful treatment. Unfortunately, this is not always the case. According to a study by Johns Hopkins University, medical errors are the third-leading cause of death in the U.S. behind heart disease and cancer.

Some of the most common types of hospital malpractice include:

• Misdiagnosis or delayed diagnosis: Failure to correctly diagnose a medical condition or diagnose it in a timely manner can allow the condition to worsen and become life-threatening. Doctors and hospitals can be held liable for the resulting harm.
• Surgical errors: Mistakes made before, during, or after surgery can lead to severe injury or death. This includes errors like operating on the wrong body part, leaving surgical tools inside the patient, or improper post-op care.
• Medication errors: Administering the wrong medication or dosage, or failing to monitor a patient for adverse side effects, can have dangerous consequences. Medication errors are frequently the result of overworked hospital staff, transcription errors, and look-alike/sound-alike drug names.
• Failure to monitor: Not properly monitoring patients during or after procedures or hospitalization can allow complications to go unnoticed until it is too late. Lack of monitoring is a common allegation in hospital malpractice claims.
• Hospital-acquired infections: While some infections are unavoidable, hospitals and staff can be liable for infections that occur due to negligence like poor sanitation, improper wound care, or lack of hand washing.

If you or a loved one suffered harm due to hospital malpractice in Dallas, the experienced attorneys at Crain Brogdon LLP can help you pursue the compensation you deserve. Contact us today for a free case evaluation.

The Costs of Medical Malpractice in Dallas Hospitals.

The Financial Toll of Medical Malpractice

According to a 2010 study, medical malpractice in the U.S. is estimated to cost $55.6 billion per year. Victims of hospital negligence in Dallas may be eligible for substantial compensation to help recover these costs.

Lost Income and Reduced Quality of Life

Hospital errors that cause injury often lead to lost wages or the inability to work. This can have devastating financial consequences for victims and their families. Those harmed by medical malpractice may also suffer a reduced quality of life from disability, chronic pain, or other health issues. Compensation for lost income, pain and suffering, and loss of enjoyment of life can help offset these losses.

Excessive Hospital Bills

When a hospital’s improper care or unsafe practices lead to complications, victims frequently incur costly additional medical bills to address resulting health issues. Compensation claims can include these excessive hospital and health care costs to make the victim whole again.

Funeral and Burial Costs

In the most tragic cases of medical malpractice that lead to death, families may face considerable funeral and burial costs. Hospital negligence claims may include compensation for these final expenses to ease the financial burden on grieving loved ones.

The effects of medical malpractice extend far beyond physical harm alone. The monetary costs to victims and their loved ones in Dallas can be substantial. Pursuing fair compensation through a hospital negligence claim is often the only way for people to recover from the financial devastation left in the wake of medical errors and substandard care. Law firms specializing in medical malpractice and personal injury law can evaluate potential claims at no upfront cost and help victims get the compensation they rightly deserve.

What to Expect When Filing a Hospital Negligence Lawsuit

When a patient experiences negligence or malpractice at the hands of hospital staff, they may pursue legal action to hold the hospital accountable and receive compensation. Patients in Dallas who have suffered harm due to hospital negligence can contact the law firm of Crain Brogdon LLP to discuss their legal options.

Filing a Lawsuit

To file a hospital negligence lawsuit, the patient will meet with attorneys at Crain Brogdon LLP to review the details of their case. The firm will gather medical records, statements from witnesses, and other evidence to determine whether medical malpractice occurred. If the firm believes a viable case exists, they will file a lawsuit on the patient’s behalf in civil court.

Discovery Process

After filing the lawsuit, the discovery process begins. This involves deposing hospital staff involved in the patient’s care, reviewing additional medical records and evidence, and determining the cause and full extent of the harm suffered. Both sides can issue interrogatories (written questions) and requests for production of documents to gather more details.

Settlement or Trial

The majority of medical malpractice lawsuits are settled out of court. If a fair settlement is not reached, the case proceeds to trial. At trial, attorneys will present evidence and testimony to a judge and jury. If the jury finds the hospital liable for negligence, they will determine an appropriate compensation amount for the patient.

Compensation

Compensation in a hospital negligence lawsuit can include payment for medical bills, loss of income, pain and suffering, and other damages. Punitive damages may also be awarded to punish the hospital for reckless behavior. The patient’s spouse may receive compensation for loss of consortium. Settlements and verdicts can range from $500,000 up to $10 million or more for catastrophic injuries.

Patients in the Dallas area who were harmed due to hospital negligence deserve justice and fair compensation. The attorneys at Crain Brogdon LLP have decades of experience representing victims of medical malpractice and hospital negligence. Contact the firm today for a free consultation regarding your legal rights and options.

How Much Compensation Can I Recover in a Dallas Hospital Malpractice Case?

Compensation for hospital negligence cases in Dallas can vary significantly depending on the specifics of the malpractice and resulting harm. Patients may be eligible to recover both economic and non-economic damages.

Economic Damages

Economic damages refer to the actual financial losses incurred due to improper medical care, including:

• Medical expenses: Costs for follow-up care, treatment, therapy or hospitalization to address harm caused by malpractice.
• Lost wages: Income lost due to extended recovery time or inability to return to work. Calculated based on the patient’s salary and time away from work.
• Loss of future earning capacity: If the malpractice causes a permanent disability that prevents the patient from earning an income, future lost wages may be awarded. This figure may be difficult to determine and often requires expert testimony.

Non-Economic Damages

Non-economic damages aim to compensate the patient for physical and emotional harm. These include:

• Pain and suffering: Encompasses the physical pain, discomfort and distress caused by the medical negligence and resulting injury or condition. This is a subjective computation taking into consideration the severity and duration of the effects of the injury.
• Emotional distress: Damages for trauma, depression, anxiety and other psychological harm resulting from the malpractice and injury. This can also be challenging to determine.
• Loss of enjoyment of life: If the malpractice and injury prevent the patient from engaging in hobbies, activities and social interaction they previously enjoyed, additional compensation may be awarded. Loss of consortium for family members can also be included.

The total value of a Dallas hospital malpractice claim depends on the specific circumstances of the case, the nature and extent of injuries, and other factors. Speaking with a Dallas medical malpractice attorney is the best way to understand options and pursue a potential claim.

Statute of Limitations for Filing a Dallas Hospital Malpractice Claim

The Statute of Limitations in Dallas

In Texas, the statute of limitations for filing a medical malpractice lawsuit, including hospital negligence claims, is two years from the date of the negligent act or omission. However, the discovery rule applies in many medical malpractice cases. Under this rule, the two-year period begins to run from the date a person discovers, or through the exercise of reasonable care and diligence should have discovered, the negligent act or omission.

When Does the Discovery Rule Apply?

The discovery rule applies in situations where the injury or damage caused by the negligent act or omission is not immediately apparent or discoverable. For example, if a doctor leaves a surgical instrument inside a patient’s body during an operation, the patient may not discover this for months or even years after the procedure. In such a case, the statute of limitations would begin to run from the date the patient discovered or should have discovered the instrument, not from the date of the surgery.

The same principle applies in hospital negligence cases. If a hospital error or unsafe condition caused an injury but the patient did not discover the connection between the negligence and injury for some time, the statute of limitations begins running upon discovery of the connection. However, the patient must act with due diligence in investigating the potential claim. Waiting too long after suspecting negligence may result in the statute of limitations expiring before a claim is filed.

Importance of Consulting an Attorney

Due to the complexity of medical malpractice and hospital negligence claims, and the strict time limits for filing a lawsuit, it is important to consult an attorney as soon as possible after discovering an injury and potential negligence. An experienced medical malpractice attorney can investigate the claim, determine whether negligence occurred, and file a lawsuit within the required time period to preserve the right to recover damages. Failure to take timely action may result in losing the opportunity to obtain compensation through legal means.

FAQs From Our Dallas Hospital Negligence Clients

What constitutes hospital negligence?

Hospital negligence refers to substandard care by the staff of a medical facility that results in harm to a patient. Some examples of negligent acts include:

• Misdiagnosis or delayed diagnosis of a medical condition
• Medication errors such as incorrect dosage or improper administration
• Surgical errors that could have been avoided
• Failure to monitor a patient’s condition adequately
• Lack of informed consent regarding risks of a procedure.

To prove hospital negligence in Dallas, the claimant must show that the hospital failed to provide reasonable care, and that failure resulted in injury or worsened the patient’s condition. Hospitals and staff are liable for negligence according to Texas tort law.

What are some common types of hospital negligence claims?

Some of the most common types of hospital negligence claims our Dallas clients pursue include:

1. Emergency room errors such as misdiagnosis of a life-threatening condition. The ER has a duty to properly assess and stabilize patients.
2. Surgical mistakes that could have been prevented, e.g. operating on the wrong body part or leaving instruments inside the patient.
3. Failure to diagnose infections acquired during hospitalization in a timely manner. Hospital staff must properly monitor patients for infections and treat them promptly.
4. Medication errors such as a patient receiving the wrong drug or dosage. This can have severe consequences like overdose, allergic reaction or drug interaction.

What damages can be recovered in a hospital negligence claim?

If negligence is proven in a Dallas hospital malpractice lawsuit, the plaintiff may recover both economic and non-economic damages, including:

• Medical expenses to treat injuries from the negligence
• Lost wages and loss of earning capacity
• Physical pain, mental anguish and diminished quality of life
• Loss of consortium, or damage to the relationship between partners
• Punitive damages in cases of gross negligence to deter the hospital from repeating such failures.

Our Dallas hospital negligence attorneys can evaluate the details of your potential claim, determine liability and work to obtain maximum compensation on your behalf. Don’t delay—statutes of limitations apply, so contact us today for a free consultation.

Why Choose Us?

Experienced Attorneys

Our firm has over 125 years of combined experience representing clients in medical malpractice and personal injury cases. Our attorneys are familiar with the complex laws surrounding hospital negligence and work tirelessly to hold facilities accountable for substandard care.

Our attorneys have led numerous major legal associations as influential board members and have obtained numerous awards on local, state and national levels.

Focus on Hospital Malpractice

We concentrate specifically on cases of hospital negligence, medical malpractice, and personal injury. Our legal team stays up to date with the latest laws and legislation surrounding health care to provide the best representation for clients. We have handled hundreds of hospital malpractice cases in Dallas and understand how to navigate the legal system to get you the maximum compensation possible.

Contingency-Based Fees

We work on a contingency-fee basis, meaning we only get paid if we win your case. Our clients pay nothing upfront or out of pocket. We fund all costs associated with the case and collect our fees as a percentage of the final settlement. This allows everyone access to quality legal counsel regardless of their financial situation. If we are unable to obtain a settlement, you owe us nothing for our services.

Track Record of Success

Our firm has successfully litigated hospital malpractice cases resulting in multimillion-dollar settlements for clients. We leave no stone unturned in building a compelling case and negotiating with hospitals and insurance companies to get fair compensation for the negligence and harm caused. While past results do not guarantee future outcomes, our proven success rate demonstrates our dedication and competence in representing victims of hospital malpractice.

We understand how difficult it can be to pursue legal action against a hospital or health care provider. However, victims of negligence deserve accountability and compensation. Our experienced legal team can guide you through the complex process step by step and fight to get you the justice and financial recovery you deserve. If you or a loved one has been a victim of hospital malpractice in Dallas, contact us today at (214) 522-9404 for a free consultation.

Conclusion

In summary, victims of hospital negligence in Dallas have legal options to pursue fair compensation. By hiring an experienced malpractice attorney, patients can hold hospitals accountable for substandard care that caused harm. While money can never undo the damage of medical errors, financial compensation provides a means for victims to recover costs, pay for necessary treatment and care, and gain a sense of justice and closure. For those suffering from hospital malpractice in Dallas, the time to take action is now.

Attorney Quentin Brogdon

Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]