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Austin Medical Malpractice Lawyer

Healthcare professionals and hospitals are entrusted to provide an excellent level of medical care to each patient. Mistakes are bound to happen, but when negligence is the cause of a patient’s life changing injury or the wrongful death of a loved one, the responsible parties must be held accountable. 

Many instances of malpractice go unreported, since taking on medical professionals and the large institutions that support them can be intimidating. Our Austin medical malpractice lawyers at the Villarreal & Begum, LAW GUNS have the experience and resources to help you achieve justice and obtain full compensation. Call (512) 800-0000 or reach us through our online form to schedule a no-cost initial consultation. 

Why Choose Villarreal & Begum?

  • Our sole focus is on fighting for personal injury victims. You can rest assured that we will give your case 100% of our attention. 
  • Your case will not be handed off to a paralegal or other legal assistant. Our attorneys will personally handle your medical malpractice claim until its completion.
  • You will pay nothing if we do not recover compensation on your behalf.

Examples of Medical Malpractice

A few of the common types of medical malpractice cases we represent include:

  • Misdiagnosis
  • Failure to diagnose
  • Prescription errors
  • Birth injuries
  • Surgical errors
  • Anesthesia errors
  • Medical neglect
  • Emergency room errors 
  • Foreign objects left in the body after surgery
  • Wrongful death

Medical errors are the third-leading cause of death in the U.S., according to a study from John Hopkins. The families of lost loved ones and the victims who survive often face many financial burdens, in addition to the pain and confusion that medical malpractice brings. By pursuing a claim for medical negligence in Austin, you can seek to recover all damages caused, including compensation for past and future medical expenses and lost income, loss of quality of life, pain and suffering, and more. 

How to File a Medical Malpractice Lawsuit in Texas

In the state of Texas, a victim of medical malpractice must be able to prove the following in order to file and win their case:

  • The doctor, nurse, or other healthcare professional owed them a duty of care.
  • The liable party failed to provide the patient with the standard of care expected of them. 
  • Due to this lack of care, the patient suffered severe harm or injuries that otherwise would not have occurred. 

A medical malpractice suit must be filed in Texas within two years of either: 

  • The date the medical error occurred or could have been reasonably discovered, or 
  • Once treatment stops for an ongoing condition. 

This is what’s known as the statute of limitations (Texas Civil Code Sec. 74). It is also important to know the following:

Statute of Repose: Patients have a maximum of 10 years to file a medical malpractice lawsuit from when the negligence occurred, no matter when the injury is discovered or when long-term treatment stops. 

Minors: For children under the age of 12, a medical malpractice lawsuit must be filed on their behalf by their 14th birthday. 

Chapter 74 Complications: Under Texas law, all medical malpractice claims must be accompanied by an expert’s report on each defendant within 120 days of filing. Additionally, patients are required to provide written notice to every healthcare provider named in the lawsuit. Chapter 74 also places a cap on the amount of non-economic damages (e.g. pain and suffering) that a patient can obtain. 

Discuss Your Case with an Austin Medical Malpractice Attorney

Medical malpractice litigation is extremely complicated and controlled by stringent laws. Learn how our Austin personal injury attorneys can help you in a free consultation. Get in touch with the Villarreal & Begum, LAW GUNS today online or by calling (512) 800-0000. We’re committed to protecting and advocating for the rights of injured patients in Austin and throughout the state of Texas.