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Medical malpractice (or medical negligence), is the providing of substandard care by a healthcare provider in which the care deviated from the accepted standards of practice in the medical community. Medical malpractice may or may not result in permanent injury or death.

Under Texas state law, patients who have been injured by a doctor, nurse, hospital, nursing home, or by any other health care provider, have the right to sue for damages.

 •  Anesthesia error

 •  Surgical errors

 •  Medication or prescription errors

 •  Failure to obtain the proper consent for a treatment or surgery

 •  Failure to follow up with treatment (patient abandonment)

 •  Failure to treat or provide a diagnose in a timely manner

 •  Complications or injuries related to medical devices

 •  Hospital or Nursing home negligence

 •  Hospital or Nursing home acquired infections

 •  Hospital or Nursing home injuries related to improper supervision

Proving medical negligence is often multifaceted and complex. The first step in determining if you have been the victim of malpractice is to consult a medical malpractice attorney with experience in investigating and trying medical malpractice cases. Malpractice cases are time consuming and expensive to pursue. A standard family or personal injury attorney is not always qualified to pursue complex malpractice claims; however, he or she may be able to refer you to a specialized medical malpractice trial attorney.

Simply because something sudden or unforeseen occurs it does not mean that medical malpractice occurred.

Unexpected complications such as infections, stroke, heart attacks, and even death can result even if no medical malpractice is involved. The only true way to know if you have a valid malpractice case is for an experienced malpractice lawyer to review your medical records with a qualified, medical expert. In Texas, to succeed in a medical malpractice case, the patient must prove three (3) things:

1.  The health care professional (defendant), was negligent,

2.  The patient suffered damages, and

3.  The defendant's negligence caused the damages.

Generally, you have 2 years from the date the medical malpractice occurred. However, there are exceptions to this general rule. Therefore it is critical to have your case evaluated as soon as possible after the substandard care occurs.

As soon as your medical records are received by our office, they are reviewed by our staff physician and a board certified professional malpractice attorney. If our preliminary investigation identifies substandard or negligent care, we then meet with you to discuss your options.   

Because we have a physician experienced in malpractice litigation on staff, we can typically make a preliminary decision on your case in ten to fifteen (10 - 15) days.

Before coming in to speak with us about your potential malpractice case, it would be extremely helpful in our investigation if you could write a description, (or story), of exactly what happened to you, and the order in which it occurred.   

Please include:

 •  A list of all your doctors and/or healthcare providers you have seen and their specialty,

 •  All dates you were seen by doctors with a small explanation of what occurred during each visit,

 •  Copies of all X-rays, lab tests, and other tests that you have had in the last five (5) years,

 •  Gather copies of all your past medical bills, medical records and prescriptions,

 •  Then make an appointment to see us as soon as your health permits. If your health won’t let you travel, then our staff can make an appointment to come see you.

Texas State law allows patients the legal right to obtain copies of their medical records. A request for copies of your medical records should be made to your doctor or health care provider in person and in writing, You may be asked to sign a release for the records, and occasionally there is a small per page fee to obtain these records.  It may take time to obtain your records so it is important to request them as soon as possible before seeing your attorney.

The State Board of Medical Examiners sets limits on what physicians can charge for your medical records to prevent overcharging.

Make sure you Include with your written request:

 •  Your exact name and/or any other names you may have been known as, especially at the time you received treatment,

 •  Your dates of treatment,

 •  Your social security number if available, and/or,

 •  Your date of birth,

 •  Your patient number, if you know it.

Lastly; One of the most critical elements of a medical malpractice case, (or any civil tort case for that matter), is damages. Damages in a medical malpractice case may include one or more of the following:

 •  medical expenses

 •  future medical expenses and treatment

 •  lost wages

 •  diminished earning capacity 

 •  mental anguish and/or loss of enjoyment of life

 •  pain and suffering

 •  permanent injury or disability

 •  disfigurement or disability

 •  loss of a companion/loved one

In order to have a valid medical malpractice case, you need to meet the requirements of medical negligence and injury, as well as suffer damages large enough to warrant an award that would be greater than the cost of the lawsuit itself.

Ultimately, the details of any medical malpractice case are going to be much too complex to answer on a typical webpage. Therefore, if you believe you may have been injured by a health care professional, or suffered injuries while a patient in a medical clinic, hospital, or nursing home, then you should not hesitate to contact the Law Firm of Randall P. Crane where you will receive a free initial consultation regarding your case, and your legal options.