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Medical Malpractice

Medical malpractice occurs when a health care provider breaches the accepted standard of care in diagnosing or treating a medical condition, and injury results or when a physician fails to properly treat a medical condition, resulting in a new or aggravating injury to the patient.

The medical errors that result from acts of medical malpractice can have devastating and life-changing consequences for patients and their families, including permanent disability and death.  Medical malpractice claims may arise when a physician acts in a manner that would be considered unacceptable when compared to how another physician with similar training might act.

Many people donít realize that doctors arenít the only medical professionals whom patients can sue for malpractice. In fact, most health care providers including chiropractors, therapists, nurses, psychologists and dentists are subject to such legal action.  By the same token, an unanticipated or unsuccessful result from medical treatment or surgery does not in itself mean that you can bring a malpractice case.

Medical providers are required to exercise reasonable care in accordance with the standards of care for the profession involved. If a doctor, surgeon, hospital, or other medical provider acts, or fails to act, in a manner that deviates from the accepted standard of care, then that provider may be liable for an injured person's damages.

Though the majority of health care providers do good work, mistakes are sometimes made which could adversely affect a person, as well as their friends and family, for the rest of their lives. We represent individuals and their families whose medical provider has breached the standard of care in diagnosing or treating medical conditions.

Common examples of medical malpractice claims include:

  • Birth-related injuries

  • Brain damage cases resulting from negligent pre-natal care or from negligence occurring during labor and delivery process

  • Emergency room malpractice

  • Failure to fully inform the patient of the risks of certain procedures and surgeries

  • Failure to properly diagnose a disease or illness

  • Failure to properly diagnose cancer

  • Failure to properly monitor patients

  • Failure to properly treat the diagnosed disease

  • Improper use of medical equipment or implants

  • Incorrect administration of medication

  • Injury or death resulting from negligently performed surgery

  • Lack of proper informed consent

  • Medical device failure

  • Misdiagnosis or late diagnosis

  • Misuse of prescription drugs

  • Negligent abandonment of a patient

  • Nursing malpractice

  • Sexual misconduct between a doctor and a patient

  • Surgical errors

  • Surgical errors including wrong-site surgery or anesthesia errors

  • Surgical malpractice

  • Wrongful death cases

Our opponents in these cases have included group practices and individual doctors, as well as hospitals and clinics. If malpractice has occurred, we strive to ensure that our clients receive fair compensation for their injuries.

Victims have up to two years following discovery of an injury to file a claim. If you wait too long before speaking to an attorney, the statute of limitations may keep you from pursuing legal action.  Please contact us today for further information about our firm and how we can help you.

Medical Malpractice Statistics

According to an article published in the Journal of the American Medical Association (JAMA), over 225,000 people die each year due to iatrogenic causes. This has become the third leading cause of death in the United States, after deaths from heart disease and cancer.

  • 12,000 deaths/year from unnecessary surgery

  • 7,000 deaths/year from medication errors in hospitals

  • 20,000 deaths/year from other errors in hospitals

  • 80,000 deaths/year from infections in hospitals

  • 106,000 deaths/year from non-error, adverse effects of medication

What is Medical Malpractice?

Medical Malpractice is the failure of medical professionals to provide adequate treatment to patients resulting in a personal injury or substantial loss of income.

Why Is A Medical Malpractice Lawyer Needed For Medical Mistakes?

Medical Malpractice is a doctorís failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. When medical "standards" are not followed, it is also known as med mal. A lawyer that knows about medical problems & medical laws is needed to help a claim reach the courts in the fastest, accurate, and most complete way possible. A medical malpractice lawyer will work with the hospital system & medical law system to find out what your rights and legal options are. While you or someone you know gets better or recovers from your medical mistake or injury, the medical malpractice attorney will fight for your legal rights.

Have I Waived My Rights Because I Signed A Consent Form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

What Is The First Step A Medical Malpractice Attorney Would Do In Pursuing A Medical Malpractice Claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves obtaining and reviewing medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

If you or your loved ones have been victimized by Doctor's negligence, contact us today.

Danny M. Sheena, P.E.

The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
(713) 224-6508 - Office
(713) 225-1560 - Fax

Email: [email protected]


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