Medical Negligence & Malpractice
Texarkana Medical Malpractice Attorneys
All of us rely on physicians, nurses and other medical professionals to correctly identify illnesses, carefully perform surgical procedures, and provide watchful treatment when we are ill. Sadly, it’s not uncommon for healthcare professionals to try and hide their mistakes to avoid a legal issue or a malpractice claim being filed with their insurance company. Such actions can leave health care accident victims with lifelong injuries, trauma or a condition that becomes more severe. At Collins, Collins & Ray we have courtroom experience, we have the ability and confidence to take a case to trial when necessary to pursue the best possible outcomes for our clients.
Types of Medical Negligence Cases We Have Handled
- Failure to diagnose and treat acute subdural hematoma caused by acute head trauma.
- Pediatric: Circumcision error causing partial removal of glans penis, urethral complications.
- Failure to diagnose and treat retroperitoneal hematoma following interventional catheterization post arteriogram.
- Failure to timely diagnose and treat stroke and follow stroke protocol to remediate dangerous stroke.
- Traumatic nursing NGT insertion.
- Wrongful death; nursing failure to monitor patient and record symptoms of bowel ischemia on CT Scan showing clot/embolus of superior mesenteric artery.
- Overzealous orthopedic surgery and nerve injury.
- Wrongful death; nursing failure to monitor and timely respond to code.
Retained foreign body; infection.
- Birth injury, fetal demise.
- Failure to timely diagnose and treat aspiration; aspiration pneumonia.
- Improper delegation of medical authority for testing and monitoring.
- Failure to properly diagnose and treat emergent pelvic and rectal injury following accident trauma.
- Failure to treat peritonitis resulting in infection and life threatening sepsis.
- Failure to fully diagnose and treat severe back pain, urinary retention and leg numbness and investigate acute nerve compression resulting in epidural abscess with permanent loss of neurological sensation.
- Emergency Medical/Paramedic/Ambulance Service: Failure to fully assess, identify and appreciate signs of life in patient with treatable heart rhythm (failure to follow PEA protocol).
- Anesthesia errors in the use and monitoring of propofol without sufficient pre-anesthesia screening of underlying cardiac pathology and other co-morbidities.
- Emergency room/department: Failure to fully appreciate, monitor and treat significantly low levels of blood serum potassium while failing to obtain timely cardiology consultation before discharge and premature death.
- Failure to monitor acute and severe and fatal seizure that went unnoticed and untreated by those professional tasked with providing monitoring services arranged in advance.
- Lack of adequate monitoring and recognition or extravasation of calcium gluconate on very young patient.
- Negligent failure to timely and appropriately read tissue slide resulting in late diagnosis of esophageal cancer (Barrett’s esophagus)
- Barrett’s esophagus is associated with an increased risk of developing esophageal cancer.
- Failure to appropriately triage and monitor medication induced psychosis resulting in injury to patient jumping from multistory hospital room while suffering delusional and confused thinking.
- Failure to initiate and follow fall protection protocols causing acute subdural hematoma without proper Glasgow coma scale assessment and emergent craniotomy.
We have relationships with attorneys and law firms throughout the state. Lawyers have demonstrated confidence in the quality of our work and our reputation of working hard to serve our clients’ best interest.
Contact us to find out whether we can assist you in evaluating the merit of a medical negligence case.
The National Trial Lawyers - Top 100 Trial Lawyers: Brian Ray 2014, 2015, 2016, 2018, 2019, 2021
The National Trial Lawyers – Top 10 Trucking Trial Lawyers: Brian Ray 2021
Little Rock Soiree – Best Lawyers: Brian Ray 2013
AY Magazine’s Arkansas Best Lawyers: Brian Ray 2020, 2021
American Institute of Personal Injury Attorneys – 10 Best Client Satisfaction: Brian Ray 2014, 2015, 2016
American Institute of DUI/DWI Attorneys – 10 Best Client Satisfaction: John C. Collins 2016
Arkansas Life Magazine’s – Top Attorneys: John C. Collins 2016, 2019
Nation’s Premier Top Ten Attorney – Personal Injury: Brian Ray 2016
In general, there is a two year statute of limitations for medical malpractice claims in Texas. This means that a medical malpractice suit must be filed no later than two years after the negligent act occurred. The two-year clock begins running on the date the malpractice occurred. If the medical error occurred as part of a course of continuous medical treatment, the two-year statute of limitations "clock" usually begins to run on the last day of that treatment. If the injured patient was a child under the age of 12, a medical malpractice lawsuit may be filed on the minor's behalf anytime before the child's 14th birthday.
We understand that the medical negligence claim process can be overwhelming, out attorneys at Collins, Collins & Ray are here and ready to assist you in this process.
How Mediation Works In a Texas Personal Injury Case
Personal injury victims often mistake mediation for some kind of courtroom trial. It's not. A "mediation" is essentially a meeting at a lawyer's office where each attorney does all the talking and present their side of what they think a jury will believe happened and what they believe at what dollar amount a jury will value your case.
We know it takes planning, preparation, execution, and follow to make a difference in handling mediations. At Collins, Collins & Ray, our skilled mediation attorneys have negotiated favorable outcomes for many clients. Get in contact with us today.
The Advantages of Mediation
- Mediation can be less time-consuming than litigating a dispute, and, if successful, results in a quicker resolution.
- Mediation can be significantly less expensive than resolving the conflict in court.
- Mediation typically takes place behind closed doors, whereas testimony and other evidence at trial become a matter of public record.
- Since mediation helps the parties reach an agreement, rather than handing a win to one side, it offers a greater sense of control and satisfaction with the outcome.
- Mediation is less stressful and contentious than litigation, meaning that the process may take less of an emotional toll and it may be easier for the parties to move forward.
Is there a time limit to filing my claim?
In Texas, the window to file is two years from the date of your accident, which is known as the “statute of limitations.” If you don’t file within that time frame, you may not be able to pursue your case. Under specific circumstances, there are exceptions.
How is negligence determined?
Several factors can determine negligence. Do not try to make that determination on your own. Do not assume negligence does not exist. Contact an experienced personal injury attorney who can evaluate your case and advise you.
If the insurance company offers a settlement, why do I need a lawyer?
The insurance company makes money by collecting premiums and paying out as little as possible. If it can convince you to agree to a settlement, you may be giving up your rights to fair compensation. You should have an expert personal injury attorney on your side to make sure you get a fair settlement.
How do I know how much my claim is worth?
You may be entitled to compensation for short- and long-term medical expenses, lost wages, reduced earning capacity, pain and suffering, and emotional anguish. You may be awarded punitive damages as well. All factors surrounding the incident have to be evaluated and considered.