We’ll Be There Every Step of the Way
Whether you’ve experienced medical malpractice or been accused of it, Agarwal Law Firm can help. We’re experienced in both sides of these cases and know the unique challenges you’ll face. We’ll stay by your side and help you receive fair treatment. You don’t have to go through this difficult situation alone.
What is Medical Malpractice?
Patients file over 17,000 malpractice suits a year, and that number continues to rise. Nearly every doctor will face a malpractice claim in their career; for those in higher-risk specialties, it’s almost a certainty. Due to the wide scope of both medical care and medical law, a malpractice suit is a major obstacle for everyone involved. Fortunately, professionals like those at Agarwal Law Firm are prepared to help.
Every medical professional is responsible for providing a standard of care. This is a legal term, not a medical term. In general, the standard of care refers to the ability of an average healthcare provider to provide care for a patient in similar circumstances. Medical malpractice occurs when a healthcare professional, such as a doctors or nurse, fails to live up the standard of care, whether through an intentional act or negligence.
What Malpractice is Not
Malpractice can mean many things, but it does not mean that a doctor failed to provide perfect care. No medical worker is capable of providing perfect care. In the same way, an unsatisfying result does not automatically equal malpractice. There are known side effects and risks for many treatments, and even when a doctor does everything correct, complications can still present themselves.
In the medical world, malpractice occurs when a healthcare professional fails to make an appropriate action, or provides treatment that does not live up to the accepted standard of care. Furthermore, simply proving a mistake is not enough. The negligent or unprofessional action must also result in consequences.
Examples of Medical Malpractice
Instances of malpractice exist at every stage of care. Failure to properly diagnose an illness, perhaps as a failure to order or interpret lab results, could qualify as malpractice. Treating the wrong part of the body, delivering the wrong medication, and other surgical errors might fall under malpractice. Malpractice might even refer to something occurring after care is provided, like allowing a patient to leave the hospital too soon or failing to appropriately follow-up.
Because of the challenges involved in defending and prosecuting malpractice suits, it’s always in your best interest to consult with an attorney. With more malpractice suits settling out of court every year, it’s essential that you have someone negotiating on your behalf to achieve the best results. We understand that everyone deserves to have their voice heard. Because we understand the process so well, Agarwal Law Firm provides medical malpractice services both for patients and for healthcare providers.
Medical Malpractice For Patients
Medical malpractice cases are among the most difficult to prove. It takes a law firm with medical knowledge, access to medical experts, the financial resources to build a compelling case, and the ability and willingness to take a case to trial against a vigorous defense.
Victims of injuries face not only immediate physical, mental and emotional hardship and pain, they also may face years, or even a lifetime, of crippling medical bills, reduced employment and other extreme financial hardships. We understand what this means for our clients and their families. Because of our qualifications and unique access to the best specialists and providers, we can accurately evaluate your case and ensure that you receive fair compensation.
We protect the rights of hospital patients who have been victimized by medical malpractice including:
- Failure to diagnose
- Delayed diagnosis or misdiagnosis
- Pharmacy and medication errors
- Birth injuries
- Surgical errors
- Post-operative errors
- Anesthesiology errors
- Emergency room errors
Medical malpractice cases are more time consuming and expensive to prosecute than ever before. Many, if not most states have passed tort reform acts that put burdensome prerequisites on patients who wish to bring a medical malpractice action. We are well versed with the requirements and effort it takes to successfully achieve the compensation you deserve. Please, contact us today to receive a free case evaluation. You can reach us through this website or by calling (210) 588-9182.
Medical Malpractice For Providers
Medical malpractice defense can be complex, requiring the ability to seek and manage expert medical testimony, maintaining an in-depth knowledge of a specific area of law, and mastering the skills to transform complex medical terminology and issues into persuasive arguments that can be understood easily.
We represent physicians of all specialties as well as dentists, hospitals, clinics, nursing facilities, and other healthcare providers on a vast array of medical issues. We’ve handled cases covering a wide variety of specialties, including claimed surgical errors, birth injuries, medication errors, anesthesia complications, misdiagnoses, and delayed diagnoses.
We have successfully defended providers in administrative proceedings before the Texas Medical Board, Texas Nursing Board, and New Mexico Medical Review Commission. We actively seek to show affirmative acts our clients have taken to fulfill the standard of care versus simply defending against alleged breaches of that standard. By putting providers on the offensive and utilizing our direct access to the best medicals experts, we’re able to quickly and completely respond to allegations in administrative hearings, often having allegations dismissed before a formal hearing.
As administrative hearings are often a precursor to litigation, our robust preparation allow us aggressively fight on your behalf. Healthcare providers have a great deal at stake in malpractice cases. While your financial exposure may be mitigated by your malpractice insurance coverage, you may still suffer professional licensing consequences and damage to your reputation based on the outcome of litigation or administrative hearings. If you want an attorney devoted to proving your case, contact the offices of Agarwal Law Firm today.