Medical Malpractice Attorney in Odessa, Texas

Medical malpractice can have devastating physical, emotional, and financial effects on victims and their families. From prolonged medical treatment and rehabilitation to lost wages and emotional trauma, the consequences are far-reaching.  

The Law Office of Steve Brannan provides legal representation to those affected by medical malpractice. We understand the profound impact that medical errors can have on your life and offer you the support you need during this challenging time. 

Understanding Medical Malpractice 

Medical malpractice occurs when a healthcare professional or facility fails to provide the standard of care expected, resulting in harm to the patient. This includes a wide range of errors, including misdiagnosis, surgical mistakes, medication errors, and more.  

When these errors lead to severe injuries or complications, legal assistance from a personal injury attorney is necessary to protect your rights and pursue the compensation you deserve. 

Common Types of Medical Malpractice 

Understanding various types of medical malpractice can help determine if you have a case. 

Misdiagnosis or Delayed Diagnosis 

One of the most common forms of medical malpractice is the failure to correctly diagnose a condition or a significant delay in diagnosis. This can lead to improper treatment or a lack of necessary care, causing the patient’s condition to worsen.  

In some cases, misdiagnosis can occur due to inadequate patient history, failure to order appropriate tests or misinterpretation of test results. This can significantly impact the effectiveness of treatment options and overall patient outcomes. 

Surgical Errors 

Surgical mistakes can range from operating on the wrong site to leaving surgical instruments inside the patient’s body. These errors can result in severe complications, infections, and sometimes even death. 

Surgical errors can also include administering the wrong anesthesia or failing to monitor a patient’s vital signs adequately during a procedure. These mistakes not only endanger patients' health but can also lead to long-term consequences, such as chronic pain and reduced quality of life. 

Medication Errors 

Medication errors can stem from various factors, including poor communication among healthcare providers, inadequate patient education, or system flaws within healthcare facilities. Prescription mistakes, incorrect dosages, and administering the wrong medication can all have dire consequences.  

These errors can cause adverse reactions, overdose, or ineffective treatment. To mitigate these risks, healthcare professionals must implement rigorous protocols for prescribing and administering medications, so that patients receive safe and effective treatment. 

Birth Injuries 

Mistakes made during childbirth can lead to lifelong disabilities for both the child and the mother. Common issues include improper use of delivery tools, failure to monitor fetal distress, and delayed C-sections. 

Birth injuries can result from negligence or inadequate care during the prenatal, delivery, or postnatal periods. Conditions such as cerebral palsy, Erb’s palsy, and other trauma-related injuries can occur, often requiring long-term medical treatment and support for the affected child and family. 

Anesthesia Errors 

Incorrect administration of anesthesia can lead to brain damage, nerve injuries, or even fatal outcomes. Anesthesia errors can occur due to improper dosage, failure to account for a patient's medical history, or inadequate monitoring during surgery. They can result in serious complications, including prolonged unconsciousness, respiratory failure, and in extreme cases, death. 

Medical Malpractice Laws in Texas 

Texas has specific laws addressing medical malpractice claims.  

Statute of Limitations 

In Texas, you generally have two years from the date of the malpractice incident to file a lawsuit. However, there are exceptions to this rule, such as the discovery rule, which may extend the time frame if the injury wasn’t immediately apparent. You must consult with a medical malpractice lawyer as soon as possible to have the best chance of pursuing your claim. 

Damage Caps 

Texas law limits the amount of non-economic damages (such as pain and suffering) that a plaintiff can recover in a medical malpractice case. The cap is typically $250,000 per defendant, with an overall cap of $500,000. In certain cases, the limit can be up to $750,000. There is no cap on economic damages (such as medical expenses and lost wages). 

Expert Witness Requirement 

To file a medical malpractice claim in Texas, you must provide a report from a qualified medical expert, outlining how the healthcare provider deviated from the standard of care and how this deviation caused the injury. This requirement aims to prevent frivolous lawsuits and ensure that only valid claims are pursued. 

Speak with a dependable and compassionate attorney who can analyze your specific case and cater to your needs.

Comparative Negligence 

Texas follows a modified comparative negligence rule, which means that if the injured party is found to be partially at fault for their injuries, their compensation may be reduced proportionally. For instance, if a plaintiff is deemed 30% responsible for their medical complications, their compensation will be reduced by 30%. 

Healthcare Provider Immunity 

In certain situations, Texas law offers immunity to specific healthcare providers, particularly those who volunteer their services in emergency medical situations. This is intended to encourage medical professionals to assist during emergencies without the fear of liability. However, this immunity does not apply if the provider acted with gross negligence or intentional misconduct.