Austin Medical Malpractice Attorneys, Texas
Compassionate representation for victims of medical negligence in Texas
When we are sick or injured, we put our trust in medical professionals. We rely on them to make the right choices and decisions about our health, diagnoses, procedures, and treatments. However, when these professionals act in a non-professional manner – recklessly, negligently, or carelessly – and put lives at risk, they must be held accountable. If you have suffered injury from medical negligence, you are likely eligible for financial compensation.
The Austin medical malpractice attorneys at Slack Davis Sanger can help if you or a loved one were injured by medical negligence. With over four decades of experience and a legal nurse consultant on staff, our unparalleled knowledge and access to resources makes us the law firm you need on your side. We fight for the compensation and the justice to which you’re entitled, as we continue to work to make the health care industry safer for all.
What is medical malpractice and negligence?
Medical negligence and malpractice occur when a medical provider – like a physician, surgeon, nurse, technician, or other health care professional – fails to provide treatment that meets an acceptable standard of care. This can include things like failure to diagnose or misdiagnosis, errors during surgery, or pharmaceutical negligence. An acceptable standard of care is the diagnosis and treatment a competent physician or other health care provider would make under the same circumstances.
When a medical professional’s negligence causes them to fail in their duty of care, and a patient suffers harm, the professional can be held accountable for malpractice. Our Austin attorneys represent victims of medical negligence around the state and help them fight for compensation for their injuries and losses.
What are common types of medical malpractice?
Although a patient can suffer almost any type of serious injury from medical negligence, some types of medical errors tend to pop up over and over. Five common types of medical malpractice include:
- Misdiagnosis or failure to diagnose. This happens when a patient receives an examination, and their doctor fails to diagnose them with the correct condition. The doctor may incorrectly give them a clean bill of health, or diagnose them with the wrong condition altogether, which can lead to harmful treatment.
- Delayed diagnosis. Similar to misdiagnosis, with delayed diagnosis a physician initially makes an incorrect diagnosis. When the patient eventually receives a correct diagnosis, their condition has worsened due to lack of treatment. Typically, delayed diagnosis occurs from failure to order necessary tests, failure to listen to the patient’s report, or failure to notice symptoms.
- Failure to treat. This type of negligence occurs when a doctor comes to the correct diagnosis but fails to provide proper treatment. This can include releasing a patient from the hospital too soon, failure to provide follow-up treatment, or failure to refer a patient to a specialist.
- Surgical errors. Examples of surgical errors can include performing the incorrect procedure, damaging adjacent organs or nerves during the procedure and anesthesia errors. Surgical errors can cause significant patient injuries and signing a waiver does not mean you sign away your rights.
- Birth injury. Different from birth defects, birth injury is a heartbreaking form of medical negligence that can harm newborns or even result in their death. Birth injuries result from lack of proper prenatal care, negligence during labor and delivery, or failure to monitor a mother and newborn after delivery. Birth injuries can affect a child for the rest of their life.
This list is by no means comprehensive. If you or a loved one were injured and you suspect your health care professional acted in a negligent manner, the medical malpractice lawyers at Slack Davis Sanger will investigate your case and act accordingly.
Are Austin hospitals safe?
The Leapfrog Group, a nonprofit providing patients and consumers with health care safety information, compiles data on errors, injuries, infections, and accidents on hospitals across the nation. Following are their ratings on hospitals and centers in the Austin area.
St. David's South Austin Medical Center
901 West Ben White Blvd
Austin, TX 78704-6903
Dell Seton Medical Center at University of Texas
1500 Red River St
Austin, TX 78701
St. David's Medical Center
919 E 32ND ST
Austin, TX 78705-2709
Ascension Seton Medical Center Austin
1201 West 38th Street
Austin, TX 78705-1006
Ascension Seton Northwest
11113 Research Boulevard
Austin, TX 78759-5236
St. David's North Austin Medical Center
12221 MOPAC EXPRESSWAY NORTH
Austin, TX 78758-2496
Our attorneys understand the complexities involved with medical malpractice claims and pursuing liable individuals. The legal team at Slack Davis Sanger has the necessary experience in handling cases with multiple litigants, including hospitals, doctors, and other responsible parties, including government officials and VA hospitals.
What are the elements of a successful malpractice case?
Not every medical mistake is actionable malpractice. The two key points that make a medical malpractice case rely on negligence and harm (damages). Our lawyers investigate your claim to determine whether your medical professional violated your rights as a patient. We do so by determining whether the following elements of malpractice are probable in your case.
First, that a doctor/patient (or other healthcare provider/patient) relationship existed. This means that you and your provider had a mutually agreed-upon professional relationship, where you made an appointment and relied on them for their services.
Second, your doctor or other health care provider failed to meet accepted medical standard of care, meaning that a competent provider in the same or similar situation would have acted differently. Our in-house review and retained expert witnesses will show that your provider acted improperly in comparison to the standard of care.
Third, we show that their failure to meet accepted standard of care caused you harm and injuries. Slack Davis Sanger demonstrates the extent of your injuries through expert testimony, medical records, and other documentation and information.
Finally, we prove to the court and jury that these injuries resulted in losses. These losses can include everything from medical bills and lost income to pain and suffering. If you have lost a loved one from injuries due to medical malpractice, you may request compensation for funeral and burial expenses as well.
Let our medical negligence attorneys put our decades of experience to work for you.
What is the statute of limitations for medical negligence in Texas?
As a general rule, Texas has a two-year statute of limitations on claims for medical malpractice.
However, there are a few exceptions to this statute. If the injured party is a minor, the statute of limitations may be longer, but depends on several factors. If the injured party is a government employee, the notice period, which acts like a statute of limitations may be much shorter; as little as six months. Finally, if the injured party doesn’t discover their injury until after the statute of limitations has expired, they may still be able to file a claim. However, these are determined on a case-by-case basis.
As you can see, laws surrounding medical negligence and malpractice tend to be complex. It is always advisable to consult with experienced and honest attorneys if you believe you are a victim of malpractice. Slack Davis Sanger can evaluate your case and advocate on your or your loved one’s behalf.
Experienced Austin medical negligence and malpractice lawyers
Patients put their trust and their health in their health care providers' hands. When a medical professional violates that trust and acts in a negligent manner, vulnerable people suffer injury and harm. If this happened to you or a loved one, let the malpractice attorneys at Slack Davis Sanger help. To schedule a free consultation at one of our offices in Austin, Dallas, or Fort Worth, please call 800-455-8686 or fill out our contact form.
6001 Bold Ruler Way
Austin, TX 78746
Main Austin Practice Areas