Medical Maplractice

When a healthcare provider is negligent...

 

All medical malpractice cases are now referred to as healthcare liability claims, and they are governed by The Texas Civil Practices & Remedies Code, chapter 74. Any claim that is based on an injury that was caused in connection with receiving healthcare is a healthcare liability claim. This includes claims against doctors, nurses, podiatrists, dentists, chiropractors, hospitals, physical therapists, pharmacists - the list goes on and on.

 

There are four essential elements:

 

1. A healthcare provider acted below accepted standards of care. The only person who can testify on this element is another healthcare provider who is knowledgeable about the applicable standards of care in question.

2. Healthcare that was below accepted standards of care caused an injury or death.

3. The injury or death caused the victim to suffer damages (medical expenses, loss of earning capacity, physical impairment, physical pain, and mental anguish).

4. The healthcare provider has the ability to pay the damages – usually insurance.

 

There are many differences (procedural and technical) that apply in these types of claims that do not apply in any other type of damage claim. These differences include issues on the statute of limitations, caps on non-economic damages, notice letters, and stringent requirements for expert reports to be provided within 120 days of filing a lawsuit. Rock Onstad has past experience in handling a wide variety of healthcare liability claims, which can be seen below. He has a bachelor’s degree in microbiology, which is invaluable in his understanding of the physiological processes involved in almost every case.


There are no fees unless we win - so don't hesitate to contact us about your case.




VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

Gross Amount Client Recovery Attorney Fee Expenses Nature
$5,000,000 $3,662,224 $1,250,000 $87,775     Obstetrical negligence, cerebral palsy, Federal Tort Claim Act case (settlement)
$4,980,000 $2,437,000 $2,490,000 $53,000     Obstetrical Negligence, Fetal Asphyxia, Cerebral Palsy (settlement)
$3,850,000 $2,373,000 $1,425,000 $52,000     Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$3,000,000 $1,724,000 $1,200,000 $76,000     Neurosurgical Malpractice, Cauda Equina Syndrome (settlement)
$2,300,000 $1,399,000 $960,000 $41,000     Anesthesiologist Negligence, Brain Injury (settlement)
$2,200,000 $1,321,000 $733,333 $44,000     Cerebral Palsy, Obstetrical Malpractice, Preeclampsia (settlement)
$2,183,796 $1,426,334 $557,666 $163,796     Hospital Labor Nurse Negligence, Fetal Distress, Cerebral Palsy (settlement)
$2,000,000 $1,303,334 $666,666 $30,000     Anesthesia Malpractice, Esophageal Intubation, Wrongful Death (settlement)
$2,000,000 $1,106,887 $800,000 $93,111     Radiologist Negligence, Brain Catheterization, Stroke (settlement)
$2,000,000 $976,484 $976,482 $47,034     Obstetrician Malpractice, Forceps Delivery, Cerebral Palsy (settlement)
$2,000,000 $972,331 $972,669 $55,000     Obstetrical Malpractice, IUGR, Cerebral Palsy (settlement)
$1,860,000 $978,518 $645,000 $137,480     Neurosurgeon Negligence, Infection, Cauda Equina Syndrome (settlement)
$1,425,000 $900,310 $457,571 $67,119     Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$1,400,000 $848,221 $503,552 $51,227     Obstetrician Malpractice, Group B Strep Infection, Cerebral Palsy (settlement)
$1,400,000 $718,689 $560,000 $130,522     Neurosurgeon Negligence, Infection, Brain Injury (jury trial & settlement)
$1,350,000 $926,394 $370,835 $52,769     Wrongful death. Unnecessary hysterectomy (settlement)
$1,300,000 $718,689 $520,000 $26,000     Neonatal Nurse Negligence, Visual Impairment (settlement)
$1,237,000 $718,689 $400,000 $30,000     Cardiologist Negligence, Brain Injury (settlement)
$1,200,000 $659,879 $395,666 $144,455     Prolapsed umbilical cord, Labor Nurse Negligence (settlement)
$1,150,000 $727,667 $383,333 $39,000     Obstetrician Negligence, Group B Strep, Cerebral Palsy (settlement)
$1,111,000 $594,933 $444,400 $71,623     Product Liability, Heart Stent, Heart Damage (settlement)
$1,100,000 $770,000 $440,000 $25,996     Radiologist Negligence, Failure to Diagnose Breast Cancer, Death (settlement)
$1,060,000 $532,715 $478,991 $48,810     Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
$1,000,000 $566,116 $400,000 $33,884     Surgeon Malpractice, Bile Duct Injury, Wrongful Death (settlement)
$1,000,000 $477,500 $477,500 $45,000     Surgeon Malpractice, Bariatric Surgery, Wrongful Death (settlement) Test
$960,000 $590,747 $293,333 $75,920     Obstretrical Malpractice, IUGR & Oligohydramnios, Cerebral Palsy (settlement)
$950,000 $626,837 $316,666 $6,497     Nursing Home Negligence, Stage 4 Decubiti, Wrongful Death (settlement)
$925,000 $658,603 $259,000 $7,397     Hospital Labor & Delivery Negligence, Wrongful Death (settlement)
$830,000 $389,331 $345,585 $38,717     Surgeon Malpractice, Failure to Diagnose Sepsis, Death (settlement)
$800,000 $500,334 $266,666 $33,000     Hospital Labor & Delivery Malpractice, Cerebral Palsy (settlement & jury verdict)
$776,365 $528,487 $231,354 $16,524     Hospital Nursing Negligence, Wrongful Death (settlement)
$755,000 $368,161 $368,161 $18,678     EMTALA Case, Wrongful Discharge, Spinal Injury (settlement)
$750,000 $423,565 $282,376 $44,059     Obstetrical Malpractice, Wrongful Death of Baby (settlement)
$750,000 $180,600 $206,461 $25,861     Hospital Labor & Delivery Nurse Negligence, Death of Baby (settlement)
$700,000 $330,000 $330,000 $40,000     Obstetrician Malpractice, Preeclampsia, Death of Mother (settlement)
$700,000 $381,925 $280,000 $38,705     Hospital Nursing Negligence, Spinal Cord Injury (settlement)
$670,000 $390,500 $268,000 $11,500     Urologist Malpractice, Failure to DIagnose Bladder Cancer (jury verdict)
$670,000 $429,040 $223,334 $17,627     Obstetrician Malpractice, Hemorrhage, Death of Mother (settlement)
$664,000 $378,000 $265,000 $21,000     Radiologist Malpractice, Mammogram, Breast Cancer (settlement)
$659,775 $302,391 $302,393 $54,991     Hospital Labor & Delivery Negligence, Cerebral Palsy (settlement)
$650,000 $410,772 $216,667 $22,561     Nursing Home Negligence, Fractured Hip (settlement)
$600,000 $324,371 $240,000 $35,629     Gynecologist Malpractice, Delay in Diagnosing Breast Cancer (settlement)
$588,620 $334,922 $235,488 $18,250     Opthalmologist Malpractice, Cataract Surgery, Visual Impairment (jury verdict)
$570,000 $296,458 $228,000 $45,452     Nursing Negligence, Cauda Equina Syndrome (jury verdict)
$515,000 $297,880 $206,000 $11,120     Nursing Home Negligence, Pressure Sores (settlement)
$505,000 $208,362 $208,362 $88,276     Newborn Nursery Negligence, Visual Impairment (jury trial & settlement)
$500,000 $291,666 $183,333 $25,000     Wrongful death of 52 year old male who bled to death following elective stomach stapling procedure. (settlement)
$500,000 $312,464 $166,666 $20,869     Shoulder infection caused by Prolotherapy injections contaminated with Staph. (settlement)
$450,000 $300,000 $148,905 $1,095     Product Liability, Medical Device, Throat Injury (settlement)
$435,000 $258,128 $174,000 $2,872     Surgeon Malpractice, Bile Duct Injury (settlement)
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