If you’re struggling with injuries because a doctor in McAllen, Texas, was negligent, it’s time to ask for help. You may have the right to sue your doctor, the hospital, or another liable party for damages. The experienced McAllen medical malpractice lawyer at The Law Office of Lino H. Ochoa can help you demand the accountability you deserve.
The Law Office of Lino H. Ochoa is a trusted legal advocate for victims of medical negligence and grieving families in southern Texas. Led by an accomplished Texas trial attorney with more than 25 years of experience, our law firm has successfully recovered tens of millions of dollars in settlements and jury awards.
Show the hospital that you’re serious about getting justice for your devastating injuries. Put our top-rated legal team in your corner. Contact our law office in McAllen, TX, today at (956) 815-0055 to schedule your free consultation.
How The Law Office of Lino H. Ochoa Can Help You Win a Medical Malpractice Claim in McAllen, TX
Your doctor won’t admit they made a mistake. The hospital and its insurance company won’t have your best interests at heart. In fact, they’ll do everything they can to stand between you and the financial justice you need and deserve.
You need a trusted legal advocate by your side so that you can make the most of your fight for compensation. That’s why you shouldn’t hesitate to turn to our McAllen personal injury lawyer for help.
Attorney Lino Ochoa has spent the better part of his career going the extra mile for individuals who have suffered catastrophic injuries through no fault of their own. With experience handling injury disputes for defendants and plaintiffs, he has a unique and in-depth understanding of the personal injury claims process that gives his clients a distinct advantage when going up against powerful adversaries.
When you choose The Law Office of Lino H. Ochoa to help you pursue a medical malpractice claim, we will:
- Carefully investigate your medical treatment to understand how a mistake was made, and why
- Bring in expert witnesses to help us dig into the details of your case and build a compelling claim
- Evaluate the evidence we obtain during discovery
- Depose your healthcare provider, hospital staff, witnesses, and other parties to gain insight into what went wrong
- Prepare an affidavit of merit based on the testimony of an independent medical expert to support your claims of medical negligence
- Work to recover a maximum settlement offer from the healthcare provider, its insurance company, and other parties during negotiations
- Argue your medical malpractice lawsuit at trial if your provider refuses to accept responsibility for your injuries
Your world has been turned upside down, and it might be tough to make ends meet right now. We’ll represent you on a contingency fee basis so you don’t have any added financial stress when you ask for help. You’ll only pay when our McAllen medical malpractice attorneys win compensation for your claim.
Contact our McAllen law office today to learn more. Your first consultation is free.
What Is Medical Malpractice?
Medical malpractice refers to a healthcare provider’s deviation from accepted practices within the medical community. Put another way, medical malpractice is a provider’s negligence in treating or caring for a patient.
In Texas, a medical malpractice lawsuit can be pursued when there’s evidence that a healthcare provider’s “treatment, lack of treatment or other claimed departure from accepted standards of medical care” caused a patient’s injury or death.
Medical malpractice can take many forms.
Some of the most common types of medical errors include:
- Misdiagnosis
- Cancer misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Failure to treat
- Surgical error
- Wrong site surgery
- Anesthesia error
- Prescription medication error
- Medical device errors
- Emergency room errors
- Birth injury
These and other types of medical mistakes tend to happen when providers are fatigued, hospitals are understaffed, there is a miscommunication between members of a medical team, or a physician is impaired by drugs or alcohol. Distractions can also cause doctors to make mistakes that can lead to medical malpractice claims.
How Do I Win a Medical Malpractice Lawsuit in McAllen?
Medical malpractice litigation is a matter of provider negligence. You must be able to establish by a preponderance of the evidence that your healthcare provider was negligent and caused your injury or loved one’s wrongful death.
Specifically, you must prove:
- The defendant owed you a duty of care because a provider-patient relationship existed
- The defendant’s conduct failed to meet accepted standards within the medical community, thereby breaching the duty owed to you
- The defendant’s conduct was the direct and proximate cause of an injury
- You’ve suffered related damages.
It’s important to note that your injury must not have been a reasonably foreseeable risk of the treatment provided.
Is Medical Malpractice Common?
The American Medical Association estimates that one out of every three physicians will be sued for malpractice during their careers.
It’s not surprising, given that medical errors are estimated to be the third leading cause of avoidable death in the United States. Every year, an estimated 440,000 people are killed because of medical mistakes.
Medical mistakes aren’t just deadly. They also cause extensive injuries. In fact, 21 percent of adults survyed claimed to have been affected by a physician’s medical error.
What Is My Medical Malpractice Case Worth?
Every patient’s experience will be different. So, it follows that every claim for medical negligence will be different. Factors that make your case unique will be what drives valuation.
- What types of injuries have you suffered?
- Are your injuries catastrophic?
- Will you be temporarily or permanently disabled?
- How old are you?
- Has your life expectancy changed?
- Will you need long-term medical care or treatment?
- How has your overall quality of life been affected?
You can learn about what your case might be worth by speaking with a trusted medical malpractice attorney near you in McAllen, TX. Contact The Law Office of Lino H. Ochoa to discuss the details of your case today.
What Damages Can I Get if I File a Medical Malpractice Claim in McAllen?
By filing a medical malpractice lawsuit in McAllen, you can generally pursue compensation for your financial losses and harder-to-value trauma.
These are known as economic damages and non-economic damages, respectively.
Our McAllen medical malpractice attorneys will help you fight for:
- Current medical expenses
- Future medical bills
- Rehabilitation
- Nursing care
- Funeral expenses
- Disability
- Diminished earning capacity
- Lost wages and benefits
- Pain and suffering
- Emotional distress
- Loss of consortium
- Chronic physical pain
- Disfigurement
- Physical scarring
- Loss of enjoyment of life
- Inconvenience
Your doctor and the hospital will try to downplay the extent of your injuries and trauma. Their goal will be to limit how much – if any – compensation you’re awarded. The Law Office of Lino H. Ochoa will be there to fight these tactics from the start.
We’ll work closely with experts in medicine and other specialties to build a compelling legal claim that forces meaningful conversations with the defense. When it’s time to settle, we’ll be positioned to get you the top-dollar offer you deserve.
Who Can Be Liable for a Medical Error?
Most medical malpractice lawsuits are based on negligence. Any party whose negligent (or wrongful) conduct contributes to a medical error can be liable for a patient’s resulting injuries or death.
Potentially liable parties might include a:
- Primary care physician (PCP)
- Surgeon
- Nurse
- Nurse practitioner
- Specialist, like an OBGYN
- Midwife
- Anesthesiologist
- Pharmacist
- Emergency room physician
- Chiropractor
- Hospital administrator
- Hospital
- Urgent treatment center
Our medical malpractice lawyer in McAllen will carefully assess your case and determine who contributed to the medical error. Once liability is clear, we won’t hesitate to hold them personally responsible for the devastating trauma you’ve experienced.
What Is the Statute of Limitations for Medical Malpractice Lawsuits in Texas?
When a Texan healthcare provider is negligent, injured patients will have two years to formally pursue compensation for resulting injuries.
This two-year statute of limitations begins to run on the date of a provider’s negligence. If there’s a reasonable delay in discovering your injury, the statute of limitations can be tolled until that time.
However, you won’t have unlimited time to sue your provider. Texas caps most medical malpractice lawsuits at 10 years from the date of a provider’s negligence.
You must file your claim on time if you want to hold your negligent doctor responsible for their actions. If you miss the deadline, you’ll be left to deal with the consequences on your own. Contact our legal team as soon as you can for assistance.
Schedule a Free Consultation With an Experienced McAllen Medical Malpractice Lawyer
If you’ve been injured because of a healthcare provider’s negligence in McAllen, Texas, it’s time to call The Law Office of Lino H. Ochoa.
You have rights, including the opportunity to file a medical malpractice lawsuit for damages.
McAllen medical malpractice lawyer Lino Ochoa can help you fight for the justice you deserve. When you turn to him for help, you’ll get more than 25 years of experience in your corner.
Contact our law office in McAllen today at (956) 815-0055 to get started. Your initial case evaluation is free.
Visit Our Personal Injury Law Office in McAllen, TX
The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504
(956) 815-0055
Hours: Monday to Friday,
from 9 am – 5 pm
