Pursue Fair Compensation Today - Serving Clients Across the U.S.

At Webster Vicknair MacLeod, we are committed to getting our clients the compensation they deserve for any kind of injury. Our medical malpractice attorneys pursue justice with compassion for individuals who have been hurt through no fault of their own. If you have been injured due to the negligence of a medical professional in Houston, please contact our firm to learn how we can help you.

Grounds for Malpractice Claims in the U.S.

In the US more than 200,000 people die each year due to medical malpractice, yet many cases go unnoticed or unreported. In some cases, malpractice is not evident until it has already caused significant harm to the victim. If you suspect that you have grounds to file a claim in Houston, you should contact a malpractice lawyer as soon as possible. Malpractice claims can be filed on account off the following:

  • Unnecessary surgery
  • Medication errors
  • Other hospital errors
  • Infections
  • Adverse effects from medications
  • Incorrect prescriptions

Even with so many medical injuries caused each year, only a fraction of those victims or their families file a lawsuit to receive compensation. When you need to file a medical malpractice suit, Webster Vicknair MacLeod is prepared to work on your behalf.

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Basic Requirements for a Medical Malpractice Claim

There are certain requirements that every claimant must meet in order to be eligible to file a medical malpractice case. To meet these requirements, you must be able to prove that:

  • The medical practitioner was negligent
  • This negligence directly caused an injury
  • The injury resulted in specific damages
  • A medical practitioner-patient relationship existed

Generally speaking, all medical professionals are expected to withhold a “duty of care” to their patients. That is, medical professionals are required to make the best possible decisions in a given scenario. This doesn’t mean that every undesirable outcome is malpractice, as long as the actions of a medical professional were something a reasonable and prudent medical professional would also do in the same situation, they withhold this duty of care.

Our Case Results

Sutherland Springs Church Shooting

$230,000,000

Federal Mass Tort Verdict

Holcombe Et Al. v. United States of America was a case related to the 2017 Sutherland Springs church shooting.

Lac-Mégantic Railway Disaster

$200,000,000

Train Derailment Settlement

Lac-Mégantic railway disaster was a 2013 train derailment and explosion case in Quebec, Canada.

On July 6, 2013, a 74-car freight train barreled unattended down a hill in the town of Lac-Mégantic, Quebec. The train, which was carrying Bakken formation crude oil, derailed and resulted in the fire and explosion of numerous tank cars. The aftermath led to the confirmed death of 42 people, with five more missing and presumed dead. Victims of this disaster are finally being compensated due in large part to the efforts of Attorney Jason Webster.

The railway line on which the disaster occurred is owned by Montreal Maine and Atlantic Canada LTD. (MMA). Early in January of this year, MMA was ordered to pay nearly $200 million in settlement funds to the victims of the Lac-Mégantic train crash.

Robbins Chevrolet Co. in Harris County

$15,300,000

Fatal Crash Verdict

Robbins Chevrolet Co. in Harris County was a case involving a fatal crash caused by a Robbins Chevrolet employee.

BNSF Railway Company

$3,250,000

Brain Injury Verdict

Tamela Lane v. BNSF Railway Company was a case involving a brain-injured passenger in a vehicle hit by a BNSF train in Bellville, Texas.

January 2015- Cause No. 72383; Tamela Lane, as Temporary Guardian of Ty-Amber Lane, An Incapacitated Person v. BNSF Railway Company, et al; In the 239th Judicial District Court of Brazoria County, Texas

Webster Vicknair MacLeodfights to a $3.25 million verdict for brain injured passenger of a vehicle who was hit by a BNSF train in Bellville, Texas. Jason Webster and Russell Serafin represented a 19-year-old girl who suffered a traumatic brain injury when the car she was a passenger in was struck by a BNSF train that killed the driver. After a Brazoria County jury was seated, the trial lasted 3 weeks and Jury found 50/50 on liability (between railroad and driver of the vehicle) and awarded funeral expenses to the driver of the vehicle and $3.25 million for the passenger of the vehicle. The driver of the vehicle ran a stop sign and stopped on the tracks before being struck. There was evidence that the driver was also on the cell phone at the time. The railroad argued that it was 100% the driver's fault.

18-Wheeler Accident

$800,000

Child Placement Agency Settlement

$775,000

A case against a child placement agency settled for $775,000 for negligent undertaking.

Slip & Fall Settlement

$410,000

Car Wreck

$225,000

A client had been hit by a commercial truck after another private truck driver had hit him.

A client had been hit by a commercial truck after another private truck driver had hit him. It both drivers ended up paying out the total gross settlement.

Policy Limit Settlement

$130,000

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case.

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case. We are honored to have represented our clients and fought to secure the compensation they were entitled to.

Slip and Fall Settlement

$100,000

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston.

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston. The garage maintenance company who failed to put any caution or wet floor signs out settled with her for $ 100,000.00. It happened at the end of a business day and it had been raining that whole day but no signs were ever placed.

Dog Bite

$77,500

Car Accident

$50,441

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona.

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona. Using the crosswalk, she and her mother were granted the right-of-way and entered the intersection. Without warning, a negligent motorist driving a jeep swung left through the intersection and struck the young woman in the chest.

The force of the impact was great enough to throw the young woman backward off the hood of the car. She suffered a broken wrist and substantial bruising and scarring. In order to recover from her wounds, she needed to be in a cast for 6 weeks and entered rehabilitation therapy sessions for her wrist, which lasted for more than two months. The medical bills were less than $25,000.

Mr. Chawdhary represented the young woman who was struck by the negligent jeep driver, during the arbitration session and also helped her build her argument. We are proud to be able to say that the arbitrator decided that our client should be awarded $50,441.57 in damages, which is more than twice her total medical bills.

Brian Quinn, Deceased; v. Federal Express Corporation

Settled for Confidential Amount

Webster Vicknair MacLeodsettles for a confidential amount for the death of a pilot in a plane crash in Kansas.

Webster Vicknair MacLeodrepresented a widower for the death of her husband after a tragic plane crash. On November 6, 2012, Pilot Brian Quinn took off from the Wichita airport, piloting a 1991 Cessna Caravan turbojet which was equipped with a Pratt & Whitney Canada engine, loaded with Federal Express cargo, heading for Garden City, Kansas.

Shortly after leaving the Wichita airport, the engine failed and quit working altogether, due to the failure and separation of a compressor turbine blade. When the turbine blade failed, it flew out of position, severing an oil line and/or the oil cooler, which caused oil to immediately spray all over the windshield, thereby depriving the pilot of vision out of the window.

Despite having no vision out the windshield of the plane and despite that the engine had completely failed, and could not make it back to the Wichita airport for a landing, Quinn made a perfect blind emergency landing in a nearby wheat field. After Quinn landed the plane but before it came to a full stop, the plane collided into a row of trees which Quinn could not see due to the oil on the windshield, and Quinn was killed.

There were several parties in this lawsuit and all but Federal Express either settled or were let out of the case. On the eve of trial, Federal Express settled with Webster Vicknair MacLeodand Mr. Quinn’s family for a confidential settlement amount. Cause number DC-13-13215; Gay Ann Quinn, on behalf of herself and as Administrator/Special Administrator of the estate of Brian Quinn, Deceased; v. Federal Express Corporation, Et. Al.; In the 134th Judicial District Court of Dallas County, Texas

Laws Regarding Medical Malpractice Claims in Texas

If you are a victim of medical malpractice and are seeking to file a claim, you should first be aware of the law regarding such lawsuits.

Texas state law enforces the following in regards to medical malpractice cases:

  • $250,000 cap on non-economic damages
  • Statute of limitations of two years from original injury date
  • Only 120 days to provide an "expert report" against involved parties
  • Expert testimony is necessary to establish a case

There are two exceptions where an individual will have longer than two years to file a medical malpractice claim. The first is if the injury victim was under the age of twelve. In this case, they have until the age of fourteen to file a claim. The second exception is if an injury was a result of ongoing treatment. The two-year clock would start at the end of treatment. For all cases Texas imposes a statute of repose of ten years, this means you only have ten years to file a suit no matter what exceptions you qualify for.

It is also important to note that if you are judged to be more than 50% responsible for your injury, you will not receive any compensation. This means that you can only receive a proportional amount if your responsibility of 50% or less.

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What Our Clients Say

Lin Z.

I had a dog bite case. Mr. Christian Tovar represented me. He was an very accountable attorney, who provided me with the best customer service. He always kept me informed the case status, and answered any of the questions that I had. I am very satisfied with the the final settlement. I highly rec...

Anita E.

Jason Webster and staff care about their clients and work hard to get each client what they deserve. Jason is a down to earth guy with a huge heart.

Former Client

Exceptional people giving all they have for your best interest. Omar is always there for you any time. Our life was turned upside down by a motorcycle accident we were not expected to survive. Webster Vicknair MacLeod was our support system making it possible for us to live our life to its fulles...

Vicki R.

Christian Tovar did a great job representing us in our lawsuit against Kingwood United Methodist Church that kept flooding our property. I would recommend him to anyone for legal services.

JJ E.

They did a phenomenal job from the first call until the end. Christian Tovar was amazing in handling my case and was great with constant communication. Never use one of those big box firms that advertise all the time. Webster Vicknair MacLeod is made up of people you can trust to represent you an...

Sam T.

Google doesn’t have enough stars for Webster Vicknair MacLeod. They did an Awesome job fighting for me, communicating with me, listening to me, and working on my behalf. They always made me a priority. So many thanks to Joel and Webster Vicknair MacLeod. You are appreciated

Brittney T.

Very great experience would recommend them to anyone!

Rocio E.

I highly recommend them to anyone who’s been in an accident. Christian Tovar handled my case. He was very helpful, great at communicating, and always kept me updated with my case. Got me a good settlement overall very pleased.

Johnnie B.

Thank you Webster Vicknair MacLeod for making my experience with your law firm such a great experience. I lost my voice due to cancer and it's so hard to communicate. I have not had one problem with this at your law firm and yall are so good at communicating with me and keeping me informed of my ...

Carol G.

I joined the class action lawsuit against the developer who clear-cut land behind the Kingwood community of Elm Grove, causing 2 terrible flood events for half the owners of this neighborhood. My property was among the victims. I never thought we would win. Through the excellent efforts of attorn...

Heather S.

Webster Vicknair MacLeod was victorious in settling a large case with several hundred plaintiffs. I can’t imagine what an undertaking this had to have been. I’m truly grateful for the results. Although nothing can take away from the experience that my family went through, thanks to th...

Lin Z.

I had a dog bit case. Mr. Christian Tovar represented me. He was a very accountable attorney, who provided me with the best customer service. He always kept me informed of the case status and answered any of the questions that I had. I am very satisfied with the final settlement. I highly recomme...

Larissa P.

I would highly recommend Webster Vicknair MacLeod to anyone. They exceed our expatiations and we can't thank Omar, Jason, and staff enough.

James

I recently talked to one of your representatives at your firm about my case. He was very respectful, courteous, and cordial about everything, as well as very informative. I really appreciate being treated like I matter by your Law Firm.  I will never go anywhere else again for legal represen...

What Damages Are Available in a Medical Malpractice Case?

The types of damages an injury victim can pursue compensation for can be broken up into three main categories: special, general, and punitive. Special damages compensate for financial losses associated with an injury such as medical bills, future medical expenses and the inability to work due to an injury. Given the fact that special damages focus on financial hardship, they are also called economic damages.

General damages compensation for the more abstract losses a victim of medical malpractice suffers such as mental anguish, emotional distress and pain, and suffering. Unlike special damages, general damages are more difficult to quantify and are often referred to as non-economic damages. The state of Texas does place a cap, or limit, on non-economic damages.

Punitive damages differ from the first two in that their main purpose is to punish the negligent party as opposed to compensating the injured party for a specific loss. Since punitive damages can be quite severe, they are reserved for cases where the defendant knew their actions would most likely cause harm but proceeded to do them anyway. As such, these types of damages are not often awarded.

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You Deserve Skilled Representation

With a knowledgeable and aggressive legal team behind you, it may be possible for you to receive damages for your suffering. At Webster Vicknair MacLeod, our Houston medical malpractice lawyers have worked to get compensation for our clients who have suffered all manner of injuries.

Call us today and we can go over your case with you. We serve clients nationwide.

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