Medical Malpractice in Corpus Christi: When Medical Errors Cause Harm, We Seek Justice
When you go to a hospital, clinic, or doctor’s office in Corpus Christi, you trust that the medical professionals caring for you will provide competent, safe treatment. You trust that they will diagnose your condition correctly, perform procedures skillfully, and follow the accepted standards of medical care. But when medical errors occur, the consequences can be devastating—permanent disability, chronic pain, loss of quality of life, or even death. When a medical provider’s negligence causes harm, you have the right to hold them accountable.
At Barton & Associates, Attorneys at Law, we represent individuals and families throughout Corpus Christi and the Coastal Belt who have been harmed by medical malpractice. Whether your injury occurred at Corpus Christi Medical Center, Driscoll Children’s Hospital, a local clinic, or a private practice, we provide the knowledgeable, aggressive representation you need to seek justice and recover the compensation you deserve. With extensive experience in medical malpractice litigation, we guide our clients through every stage of the complex claims process.
Understanding Medical Malpractice in Texas
Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, and that failure causes injury or death to a patient.
What Is the Standard of Care?
The standard of care is what a reasonably prudent healthcare provider would do in the same or similar circumstances. It is determined by what other providers in the same field would do, not by what a layperson thinks should have been done.
What Is Medical Negligence?
Medical negligence is the failure to meet the standard of care. Examples include:
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Misdiagnosis or delayed diagnosis
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Surgical errors
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Medication errors
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Anesthesia errors
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Birth injuries
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Failure to obtain informed consent
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Failure to monitor a patient
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Failure to order appropriate tests
What Is Required to Prove Medical Malpractice?
To prove medical malpractice, you must show:
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A duty existed: The healthcare provider owed you a duty to provide competent care.
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The duty was breached: The provider failed to meet the standard of care.
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The breach caused your injury: The provider’s negligence directly caused your harm.
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You suffered damages: You have measurable losses as a result.
Common Types of Medical Malpractice in Corpus Christi
Medical malpractice cases in Corpus Christi arise in various contexts:
Misdiagnosis and Delayed Diagnosis
Failure to correctly diagnose a condition can lead to delayed treatment, progression of disease, and preventable harm. Common misdiagnosis claims include:
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Cancer misdiagnosis (breast cancer, lung cancer, colon cancer)
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Heart attack or stroke misdiagnosis
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Appendicitis misdiagnosis
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Infections and sepsis
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Meningitis
Surgical Errors
Surgical errors can occur in operating rooms throughout Corpus Christi. Common surgical errors include:
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Surgery on the wrong body part
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Surgery on the wrong patient
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Retained surgical instruments or sponges
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Nerve damage
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Organ perforation
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Anesthesia errors
Medication Errors
Medication errors can cause serious harm or death. Examples include:
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Prescribing the wrong medication
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Prescribing the wrong dosage
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Administering medication to the wrong patient
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Failure to recognize dangerous drug interactions
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Failure to monitor for side effects
Birth Injuries
Birth injuries can have lifelong consequences for both mother and child. Common birth injury claims include:
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Cerebral palsy caused by oxygen deprivation
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Erb’s palsy (brachial plexus injury)
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Forceps or vacuum extractor injuries
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Failure to perform a timely C-section
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Failure to monitor fetal distress
Emergency Room Errors
Emergency rooms are fast-paced environments where errors are common. ER errors include:
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Failure to diagnose life-threatening conditions
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Failure to order appropriate tests
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Failure to consult specialists
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Premature discharge
Hospital-Acquired Infections
Hospitals have a duty to maintain sanitary conditions. Infections acquired during a hospital stay can be grounds for a malpractice claim if they result from negligence.
Failure to Obtain Informed Consent
Patients have the right to make informed decisions about their care. If a provider fails to disclose the risks of a procedure and the patient is harmed, they may be liable.
The Consequences of Medical Malpractice
Medical malpractice can have devastating consequences:
Physical Consequences
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Permanent disability
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Chronic pain
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Loss of mobility or function
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Disfigurement
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Worsening of underlying condition
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Death
Financial Consequences
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Additional medical expenses
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Lost wages and earning capacity
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Rehabilitation costs
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Long-term care costs
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Funeral and burial expenses
Emotional Consequences
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Anxiety and depression
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Loss of quality of life
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Damage to family relationships
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Loss of enjoyment of life
The Medical Malpractice Case Process
Medical malpractice cases are complex and require specialized expertise:
Step 1: Expert Review
Before filing a lawsuit, Texas law requires that your case be reviewed by a qualified medical expert. The expert must provide a written opinion that:
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The standard of care was violated
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The violation caused your injury
This is known as an “expert report.”
Step 2: Preserve Evidence
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Obtain all medical records
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Keep a journal of your symptoms and treatment
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Save all communications with providers
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Document your medical expenses
Step 3: Consult an Attorney
An experienced medical malpractice attorney can evaluate your case, identify potential claims, and guide you through the process.
Step 4: Investigation
Your attorney conducts a thorough investigation, including:
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Obtaining and reviewing all medical records
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Consulting with medical experts
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Identifying the appropriate standard of care
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Determining how the standard was violated
Step 5: Demand and Negotiation
Your attorney sends a demand letter to the healthcare provider’s insurance company and negotiates for a fair settlement.
Step 6: Litigation
If a fair settlement cannot be reached, your attorney files a lawsuit and pursues your claim in court.
The Importance of Acting Quickly
Medical malpractice claims have strict deadlines:
Statute of Limitations
In Texas, you generally have two years from the date of injury or from the date you discovered (or should have discovered) the injury to file a lawsuit. Claims against government entities have shorter deadlines.
Statute of Repose
In Texas, you cannot file a medical malpractice claim more than ten years from the date of the alleged negligence, regardless of when it was discovered.
Preservation of Evidence
Medical records can be altered, witnesses can move away, and memories fade. Acting promptly is essential.
Frequently Asked Questions About Medical Malpractice
What is medical malpractice?
Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, and that failure causes injury or death.
How long do I have to file a medical malpractice claim?
In Texas, you generally have two years from the date of injury or discovery to file a lawsuit. Government entities have shorter deadlines.
What is an expert report?
Texas law requires that a qualified medical expert review your case and provide a written opinion that the standard of care was violated and that the violation caused your injury.
How much does it cost to hire a medical malpractice attorney?
Most medical malpractice attorneys work on a contingency fee basis—you pay nothing upfront, and the attorney is paid a percentage of any recovery.
What damages can I recover?
You may recover medical expenses, lost wages, pain and suffering, and in cases of death, funeral expenses and loss of companionship.
Can I sue a hospital for medical malpractice?
Yes. Hospitals can be held liable for the negligence of their employees, including nurses, technicians, and other staff.
What if I signed a consent form?
Signing a consent form does not waive your right to sue for negligence. It only confirms that you were informed of the risks.
What is the difference between medical malpractice and a bad outcome?
A bad outcome does not necessarily mean malpractice. You must prove that the provider failed to meet the standard of care.
Can I sue a doctor who misdiagnosed me?
Yes. Misdiagnosis can be grounds for a malpractice claim if the failure to diagnose caused harm.
Do I need an attorney for a medical malpractice claim?
Yes. Medical malpractice cases are complex, require expert testimony, and involve strict deadlines. An experienced medical malpractice attorney can help you navigate the process and maximize your recovery.
Why Barton & Associates Is the Right Choice for Your Medical Malpractice Case
Medical malpractice cases are among the most complex and challenging areas of personal injury law. At Barton & Associates, Attorneys at Law, we have extensive experience representing victims of medical negligence in Corpus Christi and throughout the Coastal Belt.
Our attorneys understand the medical and legal complexities of these cases, the importance of expert testimony, and the strategies for proving negligence. We work closely with our clients to investigate the facts, gather evidence, and build a compelling case for full compensation.
We also understand that medical malpractice can have devastating consequences for individuals and families. Our attorneys approach these cases with compassion and dedication, helping our clients navigate the legal system while focusing on their recovery.
Seek Justice for Medical Negligence Today
If you or a loved one has been harmed by medical negligence in Corpus Christi, you have the right to seek justice. Do not wait. The statute of limitations is strict, and evidence can be lost.
Contact the experienced medical malpractice attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you hold negligent medical providers accountable and recover the compensation you deserve.
Main Category: Personal Injury Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780