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Medical Malpractice

All of us rely on doctors, nurses, pharmacists, medical technicians, and other health care professionals to help us maintain our health. Medical malpractice or medical negligence occurs when a health care professional makes a mistake and fails to meet the standard of care while treating a patient. Unfortunately, these mistakes can cause death or injury to the patient and give rise to a need to bring a claim against the negligent health care professional.

Bringing a medical malpractice case is an extremely complex, time-consuming and expensive endeavor. In order to prevail on a claim of medical negligence, the facts must clearly demonstrate three things:

(1) negligence, or failure to meet the standard of care;
(2) causation of harm; and
(3) significant damages.

In other words, the health care providers must have failed to perform up to the accepted standards of medical care, and this failure must have caused harm to the patient. These facts must be proven through testimony from medical experts. As a result, the harm, or damages, must be compelling – such as death, brain damage, or other significant injury – in order to justify the necessary commitment of time and financial resources that will be required to bring your case to trial.

A few of the types of cases and injuries that our medical malpractice clients have had include:

• Cerebral Palsy • Birth Injuries
• Brain Injuries/Brain Damage • Wrongful Death
• Failures to Diagnose • Paralysis
• Erb’s Palsy/Brachial Plexus Injuries • Spinal Cord Injuries
• Pharmacy Malpractice • Amputation

Medical malpractice cases sometimes involve military doctors or hospitals. A federal statute (the Federal Tort Claims Act) governs lawsuits against the United States Government, including medical negligence lawsuits involving the military. There are special rules concerning these cases, including the need to send a pre-suit notice to the government. We have significant expertise in these types of cases and worked to obtain the two highest Federal Tort Claims Act awards in United States history, Dickerson v. U.S. ($44,717,681) and Lebron v. U.S. ($32,676,410).

Several members of our firm and staff have specialized training in the medical profession that assists and informs our research and workup of a medical malpractice case. The senior partner is a pharmacist, and two others – a lawyer and a legal assistant – are registered nurses.

We would welcome the opportunity to put our expertise and experience in medical malpractice lawsuits to work for you and your family. If you would like to discuss your potential medical malpractice case with us, please contact us.

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Legal Disclaimer:
Please be aware that results obtained depend on the facts and circumstances of each case. Nothing included in this website should be construed as legal advice, nor is it intended to create a lawyer-client relationship.

 

© 2003-2004, Whitehurst, Harkness, Ozmun & Brees, P.C.
P.O. Box 1802, Austin, TXGIF Spacer78767
(512) 476-4346
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Page Last Updated On Monday, November 24, 2003