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El Paso Medical Malpractice Lawyer | El Paso Medical Negligence Attorney

When does Medical Malpractice happen and what does it include?

Medical malpractice, also referred to as med-mal, healthcare liability, doctor malpractice, doctor negligence, hospital malpractice, nursing negligence, or hospital negligence, occurs when a healthcare professional makes a careless (negligent) or reckless error, which results in harm to you, the patient. This can be particularly disturbing because we, as a society, rely on and trust our healthcare system, and especially our doctors, to provide quality medical care and act in our best interest. However, a 2004 study concluded that in an estimated 9 out of 10 medical malpractice trials, the alleged harm involved either a permanent injury (57%) or a wrongful death claim (33%). People in El Paso and El Paso County, Texas are injured every day due to negligent errors and sometimes even physician recklessness in hospitals and other healthcare facilities across the El Paso area.

Areas of medical malpractice include, but are not limited to:

• Doctor error
• Hospital error
• Surgical error
• Birth injuries
• Infant brain damage
• Medication error
• Failure to diagnose
• Misdiagnosis
• Nursing errors
• Nursing home negligence
• Assault & Battery

If you or a loved one has suffered at the hands of a negligent doctor or healthcare professional, you know how devastating this can be, particularly when the injuries sustained are serious, long-lasting, debilitating, or, worst of all, have caused a death.

El Paso Medical Malpractice Attorneys Hold Physician's Accountable

Countless physician and hospital errors in the El Paso area go unprosecuted, despite causing serious injuries or even death to patients. Contact an El Paso lawyer for hospital negligence today to help you pursue your claim if you believe that you or a loved one has been injured by hospital negligence or medical negligence.

Do you need an El Paso, TX Medical Malpractice Attorney?

Absolutely. Your El Paso medical negligence attorney will:

1. Get all the medical records;
2. Hire an expert to render a report as required by Texas law. Having a trained El Paso medical malpractice lawyer is essential when making a claim against a doctor or hospital; and
3. File suit in an El Paso County District Court

You need an experienced El Paso malpractice attorney who can obtain an adequate settlement or, alternatively, show a court exactly the extent of your damages so that you are compensated for your injuries, pain, and suffering to the maximum extent possible under the law. The increased difficulty of prevailing in medical malpractice claims makes it all the more important that you retain an El Paso medical negligence attorney to help you fight back.

A final reason to retain an El Paso medical negligence lawyer to represent you in your El Paso or El Paso County malpractice claim is that a local lawyer probably knows a local expert who will testify at the trial or in a deposition if he or she makes a finding that negligence or recklessness was involved. For this reason, it is in your best interest to obtain representation locally within the El Paso area.

If you, or a loved one, have suffered at the hands of a negligent medical practitioner, call one of the expert El Paso medical malpractice lawyers listed above. El Paso medical malpractice law firms know how to deal with healthcare defense lawyers and can help you make sure that justice is served.

El Paso Medical Negligence Lawyers & El Paso Trial Lawyers that Sue Hospitals

El Paso personal injury lawyers are experienced in handling medical malpractice, doctor negligence and hospital negligence cases in both federal and state courts across the Greater El Paso area. Just a few of the many courts in which El Paso injury lawyers typically try cases are:

Birth Brain Injury Lawyers & Trauma Sustained at Birth

Infant brain trauma in El Paso, Texas is just one of many areas of medical malpractice law; however, it is a unique area because the long lasting effects of a birth brain injury will impact all areas of a child’s life. The high strain placed upon the woman’s and baby’s body is extremely dangerous. The baby must deal with compression, contractions, twisting down the birthing canal, and being choked on the umbilical cord. As a result, many babies suffer injuries due to their oxygen supply being cut off or from the general strain from the birthing process. While the birthing process is difficult, the sad truth is that many times a baby’s injury is the result of hospital, doctor, or nurse negligence during the birthing procedure that could have been avoided altogether. Your baby may suffer from a long list of injuries such as: cerebral palsy, brachial plexus, birth hypoxia, shoulder dystocia, or Erb’s palsy.

If you believe that your child’s brain injury, learning disability, or physical or mental impairment might have been sustained during birth, you may have a legal claim against the El Paso doctor, nurse, and/or hospital. Contact an El Paso medical malpractice attorney or El Paso County medical malpractice attorney to discuss your options.

Chapter 74 of the Tex. Civ. Prac. & Rem. Code, applicable to all El Paso, Texas Medical Malpractice Lawsuits. is set out below:

• Subchapter A. General Provisions
  • 74.001 Definitions;
  • 74.002. Conflict with other Law and Rules of Civil Procedure;
  • 74.003. Sovereign immunity not waived; and
  • 74.004. Exception from certain laws
• Subchapter B. Notice and Pleading
  • 74.051. Notice;
  • 74.052. Authorization Form for Release of Protected Information; and
  • 74.053. Pleadings not to State Damage Amount; Special Exception; Exclusion from Section
• Subchapter C. Informed Consent
  • 74.101. Theory of Recovery;
  • 74.102. Texas Medical Disclosure Panel;
  • 74.103. Duties of Disclosure Panel;
  • 74.104. Duty of Physician or Health Care Provider;
  • 74.105. Manner of Disclosure;
  • 74.106. Effect of Disclosure;
  • 74.107. Informed Consent for Hysterectomies
• Subchapter D. Emergency Care
  • 74.151. Liability for Emergency Care;
  • 74.152. Unlicensed Medical Personnel;
  • 74.153. Standard of Proof in Cases Involving Emergency Medical Care;
  • 74.154. Jury Instructions in Cases Involving Emergency Medical Care
• Subchapter E. Res Ipsa Loquitur
  • 74.201. Application of Res Ipsa Loquitur
• Subchapter F. Statute of Limitations
  • 74.251. Statute of Limitations on Health Care Liability Claims
• Subchapter G. Liability Limits
  • 74.301. Limitation on Noneconomic Damages;
  • 74.302. Alternative Limitation on Noneconomic Damages;
  • 74.303. Limitation on Damages
• Subchapter H. Procedural Provisions
  • 74.351. Expert Report; and
  • 74.352. Discovery Procedures
• Subchapter I. Expert Witnesses
  • 74.401. Qualifications of Expert Witness in Suit Against Physician;
  • 74.402. Qualifications of Expert Witness in Suit Against Health Care Provider; and
  • 74.403. Qualifications of Expert Witness on Causation in Health Care Liability Claim
• Subchapter J. Arbitration Agreements
  • 74.451. Arbitration Agreements
• Subchapter K. Payment for Future Losses
  • 74.501. Definitions;
  • 74.502. Scope of Subchapter;
  • 74.503. Court Order for Periodic Payments;
  • 74.504. Release;
  • 74.505. Financial Responsibility;
  • 74.506. Death of Recipient; and
  • 74.507. Award of Attorney's Fees

Subchapter A. General Provisions
    Subchapter B. Notice and Pleading
    Subchapter C. Informed Consent
    Subchapter D. Emergency Care
    Subchapter E. Res Ipsa Loquitur
    Subchapter F. Statute of Limitations
    Subchapter G. Liability Limits
    Subchapter H. Procedural Provisions
    Subchapter I. Expert Witnesses
    Subchapter J. Arbitration Agreements
    Subchapter K. Payment for Future Losses 

Other Important Considerations for El Paso, Texas Medical Malpractice Claims:

1. Collateral Source Rule
2. Comparative Negligence
3. Joint & Several Liability
4. Vicarious Liability

El Paso Emergency Room Malpractice Lawyers

If you or a family member have been injured through emergency room hospital malpractice or emergency room nursing negligence in any of the below El Paso ER hospitals and ER health care facilities, contact a knowledgeable El Paso ER Medical Malpractice Lawyer today.

If you have been harmed due to the negligent or reckless behavior of a doctor, hospital employee, or other healthcare professional, you may be entitled to compensation. Call one of the El Paso medical malpractice attorneys listed above for a consultation regarding your claim before Texas’s 2-year statute of limitations expires and you lose your legal rights!

Personal Injury Attorneys Serve El Paso and Surrounding Communities

Serving clients throughout Western Texas, including Anthony, Belen, Borderland, Buena Vista, Buford, Butterfield, Canutillo, Chaparral, Clint, El Paso, Ft. Bliss, Horizon City, Loma Terrace, Prado Verde, Santa Martina, Socorro, Sparks, Vinton, Westway, and other communities in El Paso County.

When you need someone in your corner, an El Paso County personal injury lawyer will be there for you. Call now to speak with an experienced El Paso medical malpractice attorney today.