Medical Malpractice

A. Lewis Ward seeks recovery of damages for many types of medical malpractice, including doctor error; hospital error; surgical mistakes; medication mistakes; failure to diagnose; misdiagnosis; and others.

Legislation in Texas has put a cap on non-economic damages recoverable in medical malpractice cases. A. Lewis Ward pursues medical malpractice cases aggressively and helps health care consumers understand the important issues and make big decisions. We work with a team of medical consultants to assist our medical malpractice clients.

For a Houston medical malpractice lawsuit to be viable, a doctor-patient relationship must exist. For a medical provider or facility to be found liable for medical malpractice damages, a relationship between doctor and patient must have been established.

This formation may occur through one of two ways:

  • An express contract, or
  • An implied contract

An express contract is formed when a patient requests diagnosis and/or treatment from a doctor who agrees to render the requested services. The other type of contract, which may be relevant in Houston medical malpractice lawsuits is an implied contract. A doctor-patient relationship is basically implied in time sensitive situations where a patient’s life or health is on the line and the patient is unconscious or unable to give permission for treatment.

Contact A. Lewis Ward & Associates to learn whether your medical malpractice case will be considered viable.

Definition: medical malpractice

Medical malpractice is defined as the unskillful or deficient practice of medicine resulting in injury to a patient and includes all actions or failures to act of a doctor that may make him or her liable. There are numerous ways in which a doctor may be held liable for medical malpractice. For Houston malpractice attorneys to file Houston medical malpractice lawsuits, at least one of the following situations, in addition to a doctor-patient relationship, must be true:

  • The physician withdraws from the relationship without giving the patient sufficient time to choose and secure other medical attention
  • The physician treats the patient without “informed consent”
  • The doctor prescribes the patient the wrong drug
  • The doctor does not comply with the required standard of care while treating the patient

A patient of a medical practitioner may terminate the doctor-patient relationship at any given time; however, a physician cannot legally end the relationship without certain requirements being met (enough time for the patient to find and come under the care of another doctor). In Houston, informed consent is the disclosure to the patient of risks related to treatment that could possibly influence a reasonable person regarding his or her decision on this matter. Houston medical malpractice lawsuits may be comprised of a patient being prescribed the wrong type of medication. Doctors are in charge of this, not pharmacies. When treatment of a patient is undertaken, the medical professional represents that he or she possesses a degree of learning and skill equal to others of the same profession in the general area, and that he or she will use his/her knowledge and skills to accomplish the purpose for which he/she is employed with care. A doctor is impliedly held responsible for the consequences brought about after the treatment of a patient.

Today, there are so many technicalities in the law. You need Houston malpractice attorneys to help you with your case. Houston medical malpractice lawsuits can be scary and intimidating. Don’t face your ordeal alone. Call or e-mail A. Lewis Ward & Associates now.