How to Sue a Hospital in Texas

Diagnostic errors, like receiving the wrong diagnosis, can lead individuals to file a medical malpractice claim. When healthcare providers issue a wrong diagnosis, patients may receive a delayed or wrong treatment based on these medical errors. This can exacerbate the individual’s health issues or cause further harm.

Failure to treat can occur in many healthcare settings, including when a healthcare provider or medical facility:

• fails to treat a patient in an emergency room setting because the patient does not have insurance

• sends the patient home from the hospital or emergency room when the patient should have been admitted or further evaluated

• stops medical treatment without ordering proper labwork or tests

• does not refer the patient to a specialist when warranted.

Failure to treat and misdiagosis are not enough to justify suing a hospital on their own. The missed diagnosis, misdiagnosis, or failure to adequately treat must either make the patient’s condition worse or result in some form of measurable harm.

The San Antonio medical misdiagnosis attorneys at Janicek Law have experience with some of the most notable hospital negligence cases in the San Antonio area. Our medical malpractice lawyer team can help you understand how to sue a hospital in Texas and what steps are involved in legal action.

A hospital physician’s negligence before and during labor and delivery, such as a failure to respond to signs of fetal distress or negligent use of a vacuum extractor or forceps, could also cause harm to the baby or mother. Medical negligence can cause several fetal injuries.

The San Antonio birth injury lawyers at Janicek have extensive experience with birth injury claims as well as other medical malpractice cases and can guide you through the process of filing a claim against a hospital for negligence.

Surgical mistakes or operating room mistakes, such as operating on the wrong body part, leaving surgical instruments inside the patient’s body, or nicking arteries, nerves, or bowels, for example, can provide substantial grounds for patients to sue a hospital in Texas. Operating room mistakes can have severe consequences, leading to additional surgeries, prolonged recovery times, and even permanent injury or disability.

Our San Antonio surgical error attorneys have experience with operating room errors and can help clients file a medical malpractice claim against surgeons for their physical and emotional suffering and financial losses incurred due to corrective procedures and ongoing medical care.

Medication errors, such as a nurse or doctor administering or prescribing the wrong medication or the wrong dosage, can serve as compelling reasons for individuals to consider suing a hospital. These errors can result in severe consequences, including wrong treatment plans, adverse drug reactions, worsening of medical conditions, or even life-threatening situations. Patients who have suffered harm due to medication mistakes may pursue action to sue the hospital for negligence.

Most lawsuits associated with prescription errors involve incorrect dosages. Medication dosage mistakes can occur when:

• a physician writes the incorrect dosage on the prescription.

• a nurse administers the incorrect amount of medication.

• medical equipment that administers medications malfunctions. This can happen when equipment has a dead battery or an intravenous pump has a dislodged valve.

Our San Antonio medication error /attorneys understand the importance of preventing adverse drug reactions and ensuring patients have the correct medications. Our attorneys are experienced in medication error cases and other medical malpractice cases.

Incorrect or wrong medical treatment administered by hospital employees can lead to severe consequences. It may be grounds for legal recourse against the hospital if the negligent care for the medical condition worsens the patient’s condition or causes further harm.

Hospital staff are expected to adhere to the standard of care, and deviations from this standard may constitute medical malpractice. Patients affected by incorrect treatment may pursue legal recourse against the hospital’s insurance company if the medical professional responsible was not an independent contractor. If an independent contractor caused your injuries, the previous explanations for hospital independent contractor malpractice must apply.

In Texas, proving malpractice for errors in the emergency department is much more difficult. Common emergency room malpractice lawsuits include those associated with myocardial infarctions (heart attacks), appendicitis, strokes, and brain injuries.

Patients can also hold the treating physician legally responsible when the results of lab tests ordered in the ER come back after the patient has left the medical facility and hospital staff neglects to follow up on test results. Patients may sue the hospital for a bad outcome that was not communicated to them. This includes incidental findings that were not relevant to the chief complaint.

Accurate medical records are vital for ensuring patients receive the correct treatment. However, if errors occur in medical documentation, patients may be subjected to incorrect treatment or medication, potentially exacerbating their medical condition. These inaccuracies can lead to serious consequences and may warrant legal intervention.

Negligent hiring and training practices within hospitals can significantly contribute to instances of medical malpractice, potentially leading to severe patient harm and providing grounds for a lawsuit. When hospitals fail to thoroughly vet or adequately train their employees, including medical professionals and independent contractors, it increases the risk of medical errors. For instance, if a hospital employee or medical professional with a history of malpractice claims or disciplinary actions is hired without proper scrutiny, it increases the likelihood of errors such as administering the wrong medication.

Notable hospital negligence cases highlight the importance of holding institutions accountable for their employees’ actions. Patients affected by negligent hiring or training may pursue legal proceedings against the hospital to seek compensation for damages resulting from medical errors.

Medical technicians conduct diagnostic tests, operate medical equipment, and collect and analyze blood, urine, and tissue samples, ensuring accurate results. They also record and report findings and maintain patient records. Additionally, medical technicians assist during procedures by preparing instruments and maintaining a sterile environment, as well as interacting with patients to explain procedures and ensure their comfort and safety.

Hospitals often understaff these critical positions, leading to having severely overworked employees. So, many find it hard to justify blaming a medical technician when their mistake leads to a patient injury. This is where the ability to sue a hospital for medical malpractice comes in.