Austin Medical Malpractice Attorneys

We rely on medical professionals and health care providers to keep us healthy. This includes depending on physicians to help maintain our health as well as handling emergency medical conditions that may arise. Unfortunately, medical mistakes are a leading cause of personal injury and death in the United States. At Bonilla Law Firm, PLLC, we are here to help when you need an Austin medical malpractice attorney by your side. If you or a loved one had been harmed due to the negligence of a medical provider, the personal injury attorneys at our Texas law firm will investigate your case and work to secure the compensation you need.

What are Common Causes of Medical Malpractice?

According to researchers at Johns Hopkins University, medical mistakes are the third leading cause of death in the country. Researchers say that approximately 250,000 people lose their lives each year due to preventable medical errors. Hundreds of thousands more survive medical errors and are left dealing with the consequences. There are various types of medical malpractice mistakes that professionals make, including the following:

  • Misdiagnosis
  • Failure to diagnose
  • Failure to obtain informed consent from a patient
  • Surgical errors
  • Anesthesia mistakes
  • Prescription medication errors
  • Obstetrical errors
  • Healthcare-acquired infections
  • Failure to prevent patient falls

The healthcare system is comprised of much more than just doctors and surgeons, the group of people that many think of when they hear about medical errors. However, there are various other medical professionals that we interact with on a regular basis, including nurses, pharmacists, psychiatrists, physician’s assistants, chiropractors, emergency medical professionals, and more. Each of these medical care professionals owes a duty to provide adequate care to their patients, and failing to do so could result in medical malpractice claims.

What Types of Personal Injury Can Occur from Medical Malpractice?

Unfortunately, many medical errors and personal injury cases result in a patient losing their life. Those who do survive these mistakes can sustain severe personal injuries or illnesses. It is not uncommon for our medical malpractice attorneys to help clients who have sustained the following due to a medical mistake:

In some cases, particularly when a medical professional misses a diagnosis, the harm to the patient comes from a lack of receiving adequate care within a reasonable amount of time. For example, a failure to diagnose cancer could result in a patient needing more aggressive treatment compared to when a proper diagnosis is made. In some cases, a diagnosis of an illness may come too late to save a person’s life. Austin-medical-malpractice-lawyers

How Much is My Medical Malpractice Case Worth?

There is no set amount of money that is paid out for a medical malpractice claim. Rather, the facts and circumstances surrounding each particular case will dictate the total settlement amount paid in a successful claim. However, the Austin medical malpractice attorneys at Bonilla Law Firm, PLLC have extensive experience handling these cases, and we are regularly able to help clients recover the following types of economic and non-economic compensation:

  • Full coverage of medical expenses caused by the mistake
  • Physical therapy or rehabilitation costs
  • Coverage for medical devices or prescription medications
  • Lost income if a victim cannot work
  • General household out-of-pocket expenses
  • Punitive damages
  • Pain and suffering damages
  • Loss of personal enjoyment damages
  • Loss of consortium (for a spouse)

The total amount of compensation award in these cases should be adequate to make the medical malpractice victim “whole” again. A skilled medical malpractice lawyer will work with trusted medical and economic experts to help calculate total compensation, and your attorney will not back down until a fair settlement is offered. Medical malpractice case settlements can range from a few thousand dollars to multi-million-dollar settlements. It all depends on what can be proven and the severity of a victim’s injuries.

What Makes a Good Medical Malpractice Attorney?

There are various factors that need to be taken into consideration when determining what makes a “good” medical malpractice lawyer in Austin. Below are important factors to consider when assessing medical malpractice law firms:

  • Look at reviews. You need to be very cognizant of the reviews for each attorney you are considering hiring for your medical malpractice case. Do not depend solely on the information available on an injury lawyers website, as they will likely pick only the best reviews to put there. Rather, you can find unedited and unbiased reviews through search engines when you look up particular medical malpractice attorneys. Remember, one bad review does not mean an attorney is not good. However, consistent mediocre or poor reviews is a sign that they should be avoided.
  • Does a medical malpractice lawyer charge a contingency fee? Look for medical malpractice lawyers that take cases on a contingency fee basis. This means that they will charge no upfront or out-of-pocket costs for your case, and they will only collect legal fees after securing the compensation you deserve. An attorney working on a contingency fee will not be paid unless they win your case. Most victims will not have the finances to pay for their case upfront, so contingency fees are a way to ensure that injured plaintiffs have access to quality legal representation in court.
  • Call the office & ask questions. You should call or visit any attorneys you are considering hiring for your case. You need to ask questions, and you need to feel comfortable with the person you choose. A medical malpractice case is going to be intense, intimate, and extensive, so you should work with an attorney you can trust both personally and professionally.
  • Experience & knowledge with medical malpractice cases. You need to specifically make sure that your attorney has experience handling medical malpractice cases. In particular, ask the prospective attorney whether they have handled cases very similar to yours. For example, just because an attorney has handled medical malpractice cases does not necessarily mean that they have handled the particular issue that caused your injury. Medical malpractice cases vary widely, and you want an attorney that understands the particular facts of your situation.

Is There a Time Limit to File a Medical Malpractice Claim?

In the state of Texas the time limit, or statute of limitations, is two years from the date of the injury. If you suspect a medical malpractice has occurred. It is important to take action as soon as you find out that a medical malpractice claim has occurred. 

What Do I Need to Prove in a Medical Malpractice Case?

To file a medical malpractice case, it is mandatory that you prove the following:

  • A doctor and patient relationship existed. It is important that you show proof that there was a relationship between the individual treated and a medical professional. 
  • The medical professional(s) that treated you were negligent. Just because the medical treatment was not adequate for your specific case, does not necessarily mean that the professional in question was negligent. To move forward with a medical malpractice claim, you must be able to show that the medical professional deviated from the medical standard of care. 
  • The negligence of the medical professional caused the injury. The individual filing a medical malpractice lawsuit needs to understand that they have to prove negligence. Proving negligence can be tricky to prove but the individual needs to show that “more likely than not” the doctor’s negligence or deviation from the standard caused the accident.
  • The damage and injury sustained led to specific damages. If a doctor deviates from the expected standards, and no future harm occurs then the patient did not suffer harm. Types of harm that can be considered in a medical malpractice include future medical bills and expenses, emotional distress, physical pain and loss of employment or earning potential. 

What Kind of Compensation is Available?

If you or a loved one have been harmed due to the carelessness or medical negligence of a healthcare provider, contact Bonilla Law Firm, PLLC today. You may be entitled to various types of compensation for your medical malpractice claim, including the following:

  • Coverage of all medical expenses related to the mistake
  • Lost income if you are unable to work while you recover
  • Loss of future earnings in cases of disability
  • General household out-of-pocket expenses
  • Loss of personal enjoyment damages
  • Pain and suffering damages

When you need an Austin medical malpractice attorney in the state of Texas, you can contact us for a free consultation of by calling (512) 515-9411. At our law firm we have the expertise needed to fight for victims in medical malpractice cases. Our Austin, TX trial lawyers understand and implement the hard work it takes to resolve cases and recoup what was lost as a result of a medical malpractice.