Medical Malpractice

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Do you believe you are a victim of Medical Malpractice?

Medical malpractice or medical negligence is an area of personal injury law regarding medical injuries that result from medical errors including: acts of commission (improper medical management) and acts of omission (progression of an illness resulting from lack of care or treatment). A medical error is a preventable adverse effect from a failure in safety practices in health care than can result in life-changing and disabling injuries or death.

When a patient has a serious injury or dies as a result of negligence on the part of a doctor, nurse, surgeon, anesthesiologist or other medical professional, he or she or her family may have the right to bring a claim against that provider in order to seek financial compensation for physical and emotional injuries. Depending upon the medical error and the circumstances that led to the patient’s injuries, the patient may be able to recover monetary damages for medical care, lost wages, pain and anguish, and possibly more.

The Law Offices of Reynolds & Reynolds, PLLC is an accomplished and results-driven practice focused on medical malpractice cases in the state of Texas, including the communities of McKinney, Frisco, Plano, Lewisville, Allen, Denton and throughout Collin County.

The more common types of medical error cases arise from:

Medical Malpractice

  • Birth-Related Injuries
  • Failure to Timely Diagnose
  • Failure to Properly Treat
  • Patient Neglect
  • Errors in Administration of Medication
  • Surgical Errors

Nursing Neglect / Abuse

  • Bed Sores
  • Patient Disregard
  • Malnutrition
  • Dehydration
  • Medication Errors
  • Falls

Texas has regulated or legislated how a patient may recover damages and/or seek justice or accountability for the injuries or damages caused by medical errors.  Texas’ Civil Practice & Remedies Code, Chapter 74 on Medical Liability defines a “Health Care liability claim” as “a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care, which approximately results in injury to or death of a claimant [patient].”

What is Medical Malpractice?

The Texas Pattern Jury Charges define negligence as “failure to use ordinary care, that is, failing to do that which a health care provider of ordinary prudence would have done under the same or similar circumstances or doing that which a health care provider of ordinary prudence would not have done under the same or similar circumstances.”

Your medical malpractice lawyer will need to show the following:

  • That the health care professional, hospital or facility had duty to you as a patient
    • (for example, you were a patient and sought treatment from that facility or professional.)
  • That the health care professional, hospital or facility failed to do that which health care provider of ordinary prudence would have done under the same or similar circumstances or doing that which a health care provider of ordinary prudence would not have done under the same or similar circumstances.”
  • That the health care professional, hospital or facility’s failure caused your injuries.

Medical malpractice is a highly complex and technical field of personal injury.  Your attorney will need to be able to compare the actual care in your medical records to the standard of care of what a health care professional, hospital or facility of ordinary prudence would have done under the same or similar circumstances.  In order to make this comparison, your attorney will need to work with medical experts to identify negligence and a causal link.  Your attorney will need to apply legal knowledge of the field to determine whether the opinions satisfy the statutory requirements.

Texas law places a heavy burden on the injured patient in that the patient must rely on the medical records, the very documents that the health care provider controls and keeps to identify and show negligence.   Additionally, for the benefit of quality improvement and free flow of information, any peer reviewed process is protected from discovery.  In consulting with a personal injury attorney, it is important for the injured person or family member to provide:

  • The names of the health care providers during the medical error;
  • The names of the health care providers that provided care following the medical error;
  • Any statements made by the health care providers regarding the medical error, or the injuries or conditions caused by the medical error

Our attorneys have evaluated countless healthcare liability cases and have helped many patients who were injured as a result of medical errors over the years. They are known for their strength and determination and know how to fight for their clients.

Damages that a health care liability victim and the victim’s family are entitled to recover may include: hospital and medical expenses; past and future lost earnings; past and future permanent physical disability, such as loss of hearing or sight, limp or abnormal gait, scars, loss of a limb; emotional distress, such as depression and anxiety; grief and emotional suffering caused by the death of a loved one; loss of love and companionship caused by the injury or death of a loved one; past and future physical pain and suffering; loss of enjoyment of life.

As your dedicated legal team, we would fight for maximum recovery after a serious injury arising from a medical error, and invite you to contact us for a free consultation. There will be no attorneys’ fees for you to pay unless we obtain financial compensation for you. If you believe you are a victim of medical malpractice, let’s talk today and get you on the path