What Should I Know About Medical Malpractice Claims in Austin Hospitals During Flu Season?

Flu season in Austin brings an increase in hospital visits, longer wait times, and a higher risk of medical errors. While most healthcare professionals provide excellent care, mistakes can happen. If you or a loved one suffers harm due to medical negligence in an Austin hospital during flu season, understanding your rights under Texas law is critical. Medical malpractice claims can help patients recover compensation for injuries caused by substandard care.

Understanding Medical Malpractice in Texas

Medical malpractice occurs when a healthcare provider fails to provide care consistent with accepted medical standards, and that failure directly causes injury or death. Common examples in hospitals during flu season include misdiagnoses, delayed treatment, medication errors, surgical mistakes, or failure to monitor patients properly.

To file a successful medical malpractice claim in Texas, the injured party must demonstrate:

1. Duty of care: The healthcare provider owed a professional duty to the patient.
2. Breach of duty: The provider failed to meet the standard of care that a reasonable professional would have provided in similar circumstances.
3. Causation: The breach directly caused the patient’s injury.
4. Damages: The patient suffered measurable harm, including additional medical costs, lost wages, and pain and suffering.

Medical malpractice claims differ from general personal injury claims in that they frequently involve complex medical evidence and expert testimony. Texas law also places certain limits on damages and requires careful adherence to filing procedures.

Steps to Take if You Suspect Medical Malpractice

1. Seek immediate medical evaluation. Your health is the priority. Ensure that any new or worsening symptoms are addressed promptly by qualified medical professionals.
2. Document everything. Keep copies of medical records, test results, prescriptions, and hospital bills for your records. Detailed documentation is essential in establishing negligence and damages.
3. Consult a qualified medical malpractice attorney. An experienced attorney can review your case, coordinate with medical experts, and guide you through the complex legal process. Timing is critical in Texas medical malpractice claims.
4. Be aware of the statute of limitations. In most cases, medical malpractice claims in Texas must be filed within two years of the alleged injury or discovery of the harm (Texas Civil Practice & Remedies Code § 74.251). There are specific rules for cases involving minors or when the injury is not immediately discovered.

Why Legal Guidance Matters

Medical malpractice claims are legally and medically complex. Hospitals have teams of attorneys defending against claims, and insurance companies are often involved. Having an experienced legal team ensures that evidence is preserved, expert witnesses are properly consulted, and your claim is positioned for maximum recovery.

Austin Medical Malpractice Attorneys

If you suspect medical malpractice in an Austin hospital during flu season, do not wait. Prompt action is crucial to protect your legal rights and gather the necessary evidence to support your claim.

Contact Briggle & Polan, PLLC, today at (512) 400-3278 or submit our online form to schedule a free consultation. Let our experienced attorneys help you pursue justice and compensation for the harm you have suffered.