Surgical Errors Attorney in Houston, Texas

When you place your trust in a medical professional, you expect the highest standards of care. Unfortunately, surgical errors can and do happen, leading to devastating consequences for patients and their families.  

As someone who has represented countless individuals affected by these mistakes, I, Jose Orihuela, Attorney at Law, understand the emotional, physical, and financial toll they can take. My law firm provides compassionate and effective representation to those impacted by surgical errors. Contact me today to set up a consultation and learn about your options for seeking justice.  

What Are Surgical Errors?

Surgical errors are preventable mistakes that occur during surgery. These errors can result from negligence, lack of skill, miscommunication, or inadequate preoperative planning.  

A few common types of surgical errors include: 

• Wrong-site surgery: Performing surgery on the wrong body part

• Wrong procedure: Conducting the incorrect surgical procedure

• Anesthesia errors: Administering too much or too little anesthesia, leading to complications

• Retained surgical instruments: Leaving surgical instruments or sponges inside the patient’s body

• Infection: Poor sterilization practices, leading to postoperative infections 

• Nerve damage: Accidental injury to nerves during surgery

The Impact of Surgical Errors

The repercussions of surgical errors can be life-altering for the victim. They could face long-term health issues, additional surgeries, chronic pain, disability, or even death.  

The emotional and financial strain can be overwhelming, especially when dealing with lost wages, medical bills, and ongoing care needs.  

The psychological impact of surgical errors is equally significant. Victims often experience anxiety, depression, and post-traumatic stress disorder (PTSD). Their trust in medical professionals and institutions can be severely undermined, making it difficult for patients to seek further medical treatment.  

Additionally, the financial burden can lead to immense stress on the family, straining relationships and diminishing the overall quality of life. In severe cases, families may need to modify their homes for accessibility, invest in long-term care, or even face the unbearable reality of wrongful death.  

If you or a loved one has been the victim of a surgical error or any kind of medical malpractice, I am here to ensure you don't have to face this alone. Reclaiming your health and peace of mind can be a long, arduous journey, but I am here to support you every step of the way.

Medical Malpractice Laws in Texas

Understanding medical malpractice laws in Texas is critical for pursuing a surgical error claim. Here’s what you need to know: 

Statute of Limitations 

In Texas, the standard time frame to file a medical malpractice lawsuit for a surgical error is generally two years from the date of the incident. However, exceptions exist, particularly if the error isn’t discovered right away. 

Damage Caps 

Texas imposes caps on non-economic damages (pain and suffering, emotional distress). The cap for medical malpractice cases involving individual healthcare providers is $250,000, while cases against healthcare institutions have a cap of $500,000. 

Expert Witness Requirement 

Texas law requires a qualified medical expert to review your case and provide a report supporting your claim. This is necessary for establishing the standard of care and how it was breached. 

Comparative Negligence 

Texas follows a modified comparative negligence rule. If you are found to be partially at fault for your injury, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you are not eligible to recover damages. 

How I Can Help You

My primary goal is to help you power through this challenging time and secure the compensation you deserve. Here’s how I can help you: 

• Comprehensive case evaluation: I will thoroughly review your medical records, consult with medical experts, and gather evidence to build a strong case on your behalf. 

• Personalized legal strategy: Every case is unique, and I will develop a tailored legal strategy that addresses your specific circumstances and maximizes your chances of success. 

• Compassionate support: I recognize the profound emotional and physical impact a surgical error can have on your life. You will receive empathetic support throughout the legal process; you will be heard and respected. 

• Negotiation and litigation: I will use negotiation and/or litigation to secure the compensation you need for medical expenses, lost wages, pain and suffering, and more. 

• Client education: I believe in empowering my clients with knowledge. I will keep you informed at every step of your case, explaining complex legal terms and procedures in straightforward language. 

Why Partner With Me?

Choosing the right attorney can make all the difference in your case. Here’s why Texas clients trust me with their surgical error claims: 

Proven Track Record 

I have a long-standing track record of successfully tackling complex medical malpractice cases, particularly those involving surgical errors. My law firm has successfully secured significant settlements and verdicts, helping clients move forward with their lives. 

Client-Centered Approach 

Your well-being is my top priority. I am committed to providing personalized attention and dedicated support from start to finish. 

Industrial Worker Advocacy 

I have a special focus on representing industrial workers who are often at higher risk for work-related injuries, including surgical errors resulting from occupational health issues. 

Local Knowledge 

I serve clients in Houston, Texas, Webster, Pasadena, Clear Lake, Friendswood, League City, Alvin, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe. This has given me a deep understanding of the local legal environment and allowed me to build strong relationships with medical experts and court officials.