Dallas Medical Malpractice Attorneys

Legal Guidance and Support for Medical Malpractice Victims

Everyone relies on their healthcare providers to accurately diagnose and treat whatever ails them.  We rely on healthcare providers to review our records, recognize risk factors, refer us as needed, and perform any necessary procedures with the utmost care.  Unfortunately, sometimes healthcare providers make mistakes, or make errors in judgment.  The result is patients who are left with injuries, questions, and lots of emotions.

At Brown & Brothers, our Dallas medical malpractice attorneys have witnessed countless instances of medical mistakes or negligence.  What makes matters worse is the fact that healthcare providers often try to hide mistakes, which can cause injuries or illness to worsen.  It can also complicate your ability to hold responsible parties accountable, which is why you need to contact Brown & Brothers as soon as you discover that you have been injured.

 Anyone who is concerned about the level of care they have received should explore their situation with the help of a medical malpractice attorney.

If you have been injured by the negligence of a healthcare provider, you may be anxious to file a medical malpractice lawsuit.  Medical malpractice is a complex area of law, and it is up to you to prove that negligence occurred, and that negligence caused your injuries.  At Brown & Brothers, we help our clients through every step of the legal process, including building a strong case.

Our team will thoroughly investigate your claim and use the resources available to us to ensure that your case gets the attention it needs.  Our attorneys have an excellent reputation for successfully litigating medical malpractice claims, and we are here to help you.

Types of Medical Malpractice Cases We Handle
  • Doctor or nurse negligence
  • Hospital negligence
  • Birth injuries
  • Nursing home abuse
  • Surgical errors
  • Medication errors
  • Defective medical devices

Healthcare providers must be held accountable for harming patients.

What Medical Malpractice Is and Is Not

There are many situations that may fall into the category of medical malpractice.  Some of the most common examples of negligence that may result in a medical malpractice claim include:

  • Misdiagnosis or failure to diagnose
  • Ignoring laboratory results
  • Inaccurately interpreting laboratory results
  • Failure to adequate review patient medical records and history
  • Failure to order proper diagnostic testing
  • Failure to recognize symptoms
  • Performing unnecessary surgery
  • Surgical errors – operating on the wrong patient or the wrong body part, or leaving surgical tools behind in the body
  • Birth injuries – failure to order Cesarean section, improper use of delivery tools, forced delivery, improper use of medications for childbirth, failure to monitor maternal or fetal vitals and health
  • Medication errors – wrong medication or dose, improper administration, failure to warn of side effects, failure to consider allergies
  • Poor aftercare or follow up
  • Premature discharge from hospital

This list is quite concerning, but is only the tip of the proverbial iceberg.  There are many other situations and unique qualities of healthcare that could qualify as negligence or malpractice.  The best way to determine if your case qualifies as medical malpractice is to contact a medical malpractice attorney to discuss your case.

Examples of What is Not Medical Malpractice

While there are many examples of what may qualify as medical malpractice, there are a few clear examples of what is not medical malpractice.  These examples include:

  • Your Condition Worsens: If you are undergoing treatment and your condition worsens, your healthcare provider may not be guilty of malpractice. Sometimes healthcare providers cannot cure an illness, despite their best attempts and all that science has to offer.  There are also many variables to treatment, such as the patients overall health, response to treatment, and the condition itself.  As long as your healthcare provider is treating you with reasonable care in line with medical standards, then your case most likely would not qualify for medical malpractice.
  • Untreatable Conditions: Not all health conditions are treatable or “curable”. If your healthcare provider has made an accurate diagnosis and initiated appropriate treatment for your condition, then he or she cannot be guilty of medical malpractice because no negligence has occurred.  Healthcare providers are not legally responsible for health outcomes resulting from naturally-occurring illnesses, including those that become incurable, or terminal.

If you need help determining if your situation constitutes medical malpractice, contact the Dallas medical malpractice attorneys at Brown & Brothers for a free consultation.

Common Frequently Asked Questions

Do I have a medical malpractice claim?

To qualify for a medical malpractice claim, you must prove the following elements in your claim:

  • A doctor-patient relationship was established
  • The provision of care (diagnosis, treatment, or a failure to treat) fell below the medical standards of care
  • There is a clear causal connection between the medical negligence (act or omission) and the harm suffered by the patient
  • The harm is quantified as damages (lost wages, medical expenses, pain and suffering, etc.)

What do I have to do to prove medical negligence occurred?

To prove your medical negligence case, it can be helpful to remember the following:

  • Keep, or obtain, copies of all medical records, including: Diagnoses, treatment, visit summaries, laboratory results, radiology results, etc.
  • Keep copies of any communications between you and your healthcare provider or office staff.
  • Take photographs of your injuries as soon as possible. Document visible changes before or after treatment.
  • Make copies of any communications between you and your insurance companies. Never agree to any settlement without talking to your attorney first.
  • Keep copies of any billing statements, invoices, or payments you have made related to your care.

What happens after the lawsuit is filed?

Discovery takes place. During discovery, your attorneys will review the medical records, timelines, photos, and any additional documents in order to assess the case strengths and weaknesses. They will also communicate with opposing counsel, draft legal motions, take necessary depositions, consult with expert witnesses, and possibly go to mediation all in an attempt to reach an acceptable settlement agreement. If a settlement agreement is not reached, then they will prepare to go to trial.

How long will it take to obtain a recovery in my case?

There is no set timeframe as the amount of time that it will take to obtain a recovery will vary based upon a number of factors. Please be aware that pursuing a medical malpractice claim takes time and it will not happen overnight.