Stethoscope and gavel on wooden surface


Jose Orihuela Nov. 25, 2020

Medical malpractice is the third leading cause of death in the United States. According to a study by Johns Hopkins University, medical errors and negligence are responsible for the death of over 250,000 individuals in the United States every year. A doctor's oversight can lead to severe consequences, including medical complications, disability, permanent incapacitation, or even death. If you or a loved one were a victim of medical malpractice or negligence, you may be entitled to recover damages.

At my firm, Jose Orihuela, Attorney at Law, I'm committed to providing outstanding legal services and protecting the rights of medical malpractice victims and their loved ones. As an experienced Texas personal injury attorney, I can fight passionately to protect your rights and help you pursue general, punitive, and special damages to cover medical bills, future medical treatment, lost income, and pain and suffering. I proudly serve victims of medical malpractice or negligence throughout Houston, South Houston, Pasadena, Friendswood, Texas, and the surrounding areas.

Understanding Medical Malpractice

Under Texas law, medical malpractice occurs when a physician, doctor, or healthcare professional harms a patient during the course of providing medical treatment. In order to constitute the basis for a medical malpractice claim, such harm must be considered as negligence.

Statute of Limitations

In Texas, a patient injured during the course of treatment must file a medical malpractice claim within two years from the date the malpractice incident occurred.

Common Causes for Medical Malpractice Claims

Common causes of medical malpractice claims include the following:

Diagnosis Errors

Diagnosis errors include misdiagnosis, failure to diagnose, or failure to properly treat a diagnosis. Such errors can be particularly critical because it means the patient doesn’t receive the treatment or medical help they need. At times, a misdiagnosis could cause a patient to receive treatment for a medical condition they didn't have.

Surgical Errors

A surgical error is a preventable mistake that occurs while performing surgery. Examples include incorrect incisions, cutting a nerve during the surgery, operating on the wrong body part, anesthesia error, and leaving surgical instruments or tools inside the patient's body.

Medication Errors

A medication error is also a preventable mistake that occurs while prescribing, dispensing, or giving medications to a patient. Examples include wrong dosage amounts, incorrect prescriptions, improper doses, unauthorized drugs, administrative errors, or a failure to prescribe medication.

Who Can be Sued for Medical Malpractice?

Medical malpractice can occur in a number of ways and as a result of negligence from a number of different medical care personnel, including:

  • The hospital

  • Hospital's medical staff

  • Doctors

  • Nurses

  • Pharmacist

  • Urgent care centers

  • Pharmaceutical companies

A medical malpractice suit may be filed against any one of these individuals where their negligence resulted in injury.

Basic Elements of a Claim

To prove that medical malpractice occurred and to recover injury claims, the victim must show that:

  • There was a doctor/patient relationship

  • The medical professional was negligent

  • The negligence led to injury

  • The injury caused damages, such as physical pain, mental anguish, additional medical expenses, and missed work.

Damages Available

Three categories of damages are available in a medical malpractice case. These include:

General Damages

General damages are the patient's cost of suffering that does not have an exact dollar value. Examples include:

  • Loss of enjoyment of life

  • Loss of future earning capacity

  • Physical pain and suffering

  • Mental anguish

Special Damages

Special damages cover the expenses due to the medical error that may be quantified. Examples include:

  • Medical bills

  • Future medical expenses

  • Lost income or past missed work

  • Other financial losses that can be attributed to the malpractice

Punitive Damages

Punitive damages may also be awarded to further punish the responsible party. Under Texas Civ. Prac. & Rem. Code section 74.301, the non-economic damages that may be recovered against a physician or health care provider in medical malpractice cases is capped at $250,000 per-claimant. Also, non-economic damages against health care facilities are capped at $500,000. The judge or jury will determine the exact amount of punitive damages.

How Jose Orihuela, Attorney at Law Can Help

Every year, the negligence of doctors and healthcare professionals are known to cause serious complications to patients throughout the United States. If you believe your medical condition or injury was caused by or worsened due to the negligence or mistake of a healthcare professional, you may recover damages through a medical malpractice claim. A knowledgeable medical malpractice attorney can help protect your rights and pursue compensation.

I have devoted my career to providing comprehensive legal services and helping clients seek fair compensation in their medical malpractice cases. As an experienced personal injury attorney, I can review the details of your case, conduct a thorough, private investigation, prove fault, and estimate case-value.

As your legal counsel, I will fight compassionately to protect your rights and help pursue fair financial compensation to cover medical expenses, lost wages, loss of enjoyment of life, pain and suffering, and other non-economic damages. Having me on your side can improve your chances of recovering rightful compensation in your medical malpractice case.

Filing medical malpractice claims in Texas involves a lot of complex procedures. Contact Jose Orihuela, Attorney at Law, today to schedule a one-on-one consultation with an experienced Texas personal injury attorney. I can fight compassionately to protect your rights and help seek fair financial compensation for your injuries or loss. My law firm is proud to serve victims of medical malpractice or negligence throughout Houston, South Houston, Pasadena, Friendswood, Texas, and the surrounding communities.