As experienced civil litigators who have tried personal injury cases of all types in courts throughout East and North Central Texas, the attorneys at the Tyler law office of Kent, Anderson, Bush, & Metcalf, P.C. have the depth of knowledge and advocacy skills to put forward a strong and effective defense in medical malpractice cases brought against hospitals and other healthcare providers.
Employees versus Independent Contractors
When people think of medical malpractice, they most often think of doctors being sued for incompetence or negligent acts. However, hospitals and other healthcare facilities can also be sued and held liable for negligence committed by their employees. In the case of doctors, anesthesiologists, and others, these professionals may not necessarily be employees of the hospital, even though they performed services there. Surgeons and other medical professionals who work in hospitals may have privileges to operate at a certain hospital, although they are not regularly employed there. A threshold question when a hospital is sued based on the negligence of a medical professional is whether that individual is truly employed there such that the hospital should be legally responsible. This issue is not always clear-cut and can be the subject of much debate in pre-trial motions that must be argued in court.
Even if the hospital is responsible for the actions in question, there may still be several defenses available. Properly performing surgery or administering other medical care requires that the doctor or hospital have a thorough medical history of the patient, including pre-existing conditions, current medications, and allergies. Oftentimes, these issues are not fully disclosed by the patient prior to treatment. In these cases, it can be argued that the patient’s own negligence was the cause of the alleged injury. Another issue is the patient’s duty to mitigate damages. Sometimes a patient will let a potential problem go untreated until actual damage occurs, when the extent of any injury that resulted could have been prevented. Finally, complications can sometimes arise in the practice of medicine, and patients acknowledge this fact by giving their informed consent before treatment. Whether any alleged injury is the product of negligence or an unavoidable consequence of proper treatment is another question that must be decided by a jury based on the evidence and testimony presented to it.
Complex Cases, Capable Counsel
Medical malpractice cases are often complex, requiring medical expert testimony regarding the applicable professional standard and whether the defendant’s actions or omissions caused the alleged injury or not. Even usually straightforward issues such as the statute of limitations can be complicated in the medical malpractice arena, where injuries may not be apparent for months or years following the actual surgery or other treatment. The attorneys at Kent, Anderson & Bush, P.C. have years of experience handling personal injury litigation on both sides of the aisle, and have achieved results in medical malpractice defense of hospitals and other clients. If you need representation in a lawsuit, or professional advice regarding risk management and loss mitigation in a particular incident, contact Kent, Anderson, Bush, & Metcalf, P.C.
Kent, Anderson, Bush, & Metcalf, P.C. attorneys have successfully defended automobile liability cases since this firm’s inception. Throughout the years, the firm has developed an aggressive, but cost-effective method for preparing these cases for trial. The firm handles minor property damage to multiple party collisions involving serious injuries or death. These cases may involve issues as uninsured/under-insured, multiple claimants with limited limits, rear-end collisions, negligent entrustment and gross negligence.
Toxic Torts & Asbestos Litigation
Since 1979, Billy Anderson and others have represented a broad range of defendants in asbestos litigation, from manufacturers of asbestos products to distributors and contractors. At one time, these attorneys were involved in more than 10,000 cases involving multiple asbestos plaintiffs throughout Texas. They have been at the forefront in developing defensive strategies and have tried numerous lawsuits resulting in zero verdicts for the defense.
Attorneys in the firm have in the past or currently represented a variety of clients including manufacturers and suppliers of a wide variety of products including but not limited to pipe covering, block insulation, textiles, friction and equipment products. In addition, members of the firm have represented various contractors and the AsbestosClaims Facility.
Members of the firm have tried asbestos cases in Federal Courts located in Marshall, Corpus Christi, and Dallas, Texas and as well as state courts in Rusk, Harris, Bexar, Jefferson, Smith, Dallas, Tarrant, Potter, Neches, Lamar and McLennan Counties.
Professional liability law has become a; significant part of the firm’s practice and typically involves defending claims against professionals such as real estate agents, home inspectors, insurance agents, engineers, architects, attorneys and pharmacists.
With nearly 150 years of combined legal experience in North, Central and East Texas, the trial attorneys at Kent, Anderson, Bush, & Metcalf, P.C. have the knowledge, skills, and abilities to obtain favorable settlements and verdicts in cases involving serious personal injury or wrongful death.
When a person is injured due to the negligence or wrongful conduct of another, the law allows the injured party to be compensated for the damages caused by the negligent party. Obtaining that recovery is not always a simple matter, however, and often requires litigation in court, at which the injured party is required to prove all the facts of the case, including the defendant’s fault in causing the accident, as well as the nature and extent of the injuries and their economic value or cost. Obtaining a successful result requires superior skills in the areas of negotiations and courtroom advocacy.
Our firm handles a wide variety of personal injury matters, including:
- Products Liability
- Toxic Torts
- Oilfield Injuries
- Construction Site Accidents
- Premises Liability/ Slip and Fall
The East Texas Oil Field is a boon to the Texas and national economy, but with its rewards come risks. Oil drilling can be dangerous work, and the ever-present hazards of collapsing derricks, decks and rigging, explosions, and gushers and blowouts, carry the threat of serious personal injury or wrongful death that may be attributed to a careless co-worker, lax employer, or negligent third party. Truck traffic in and out of the area can be especially dense, increasing the likelihood of a serious or deadly collision between an automobile and a much larger and heavier 18-wheeler.
Liability Insurance Still Inadequate
As of January 2011, Texas law requires motorists to carry liability insurance or proof of financial responsibility that will cover $30,000 for bodily injury to one person, $60,000 for multiple injuries in an accident, and $30,000 for property damage. This is an increase over the previous 25/50/25 liability law. If you are involved in any type of serious automobile accident, these minimum amounts may not begin to compensate you fully. Despite the existence of the law, a shocking number of people drive without carrying any liability insurance at all. Policy limits notwithstanding, most insurance companies and adjustors operate with the mindset of paying as little on a claim as possible, or denying benefits altogether if they can. Obtaining a full and fair recovery for your property damage, medical bills, lost wages, and pain and suffering most often requires the assistance of a skilled and experienced trial lawyer who has handled cases similar to your own.
A Record of Success Recovering for its Clients
The firm has a record of success in achieving significant verdicts and settlements for its clients. In September 2010, lawyers for the firm secured a $7 million judgment in a wrongful death lawsuit brought by the mother of a ten-year old boy who was mauled to death by a pair of bulldogs in the Rusk County community of Leverett’s Chapel. This jury verdict is thought to be the largest ever in this type of case involving a child being killed by dogs.
If you have been seriously injured in an accident or lost a member of your family to the negligent or wrongful conduct of another, contact Kent, Anderson, Bush, & Metcalf, P.C. for a free consultation.