Medical Malpractice

Medical Malpractice is any negligent act performed by a doctor, nurse, pharmacists, or other healthcare worker that results in the injury or death of the patient they are treating. It is currently the third leading cause of death in the United States with some reports estimating that over 200,000 die each year as a result of medical mistakes.

Whether one has been a victim of medical malpractice is often a complex and uneasy question. No one wants to think that a doctor or healthcare provider caused them undue harm. Unfortunately, sometimes mistakes are made or critical information is missed and a patient suffers as a result.

Proving wrongdoing in a medical malpractice suit is often difficult. It requires a comprehensive understanding of healthcare and malpractice laws, and a detailed knowledge of our current medical systems and procedures. It can also mean putting yourself and your past medical history up against the teams of lawyers employed by a hospital or clinic. Because of the difficulty involved, you should make sure you have a team of expert attorneys on your side. You need professionals who can be your advocate and who can guide you safely through the complications posed by ever-changing medical standards and healthcare laws.

At Martin Walker, P.C., our board certified attorneys specialize in helping the people of Tyler and the surrounding East Texas area with their medical malpractice cases.

Challenges of a medical malpractice lawsuit

While medical malpractice likely results in more deaths each year than heart disease or cancer, our laws places a heavy burden of proof on patients who bring medical malpractice lawsuits so as to help shield doctors and hospitals from costly fraudulent claims. Additionally, recent tort reforms have made it even more important to seek an experienced medical malpractice law team because:

  • There are now caps on non-economic damages that can be recovered.
  • ER Malpractice is not actionable unless proven to be “willful and wanton.”
  • The evidence needed to successfully bring a medical malpractice case is often buried in medical records and reports.

Each year, hundreds of acts of medical malpractice go unreported and unpunished. Yours does not have to me one of them.

The legal team at Martin Walker, P.C., has helped the people of East Texas overcome these challenges and stands ready to fight for you and the compensation you deserve.

If you, a loved one, or someone you know has been a victim of medical malpractice, contact the Martin Walker law firm today for a free medical malpractice consultation.

Currently, we’re accepting cases where a person has suffered serious or permanent injury due to :

  • Misdiagnosis or misevaluation.
  • Substandard care.
  • Botched treatment.
  • Hospital responsibility for injuries/death.
  • Doctor malpractice.
  • Nurse malpractice.
  • Home healthcare malpractice.
  • Nursing home negligence/abuse.


Examples of medical malpractice cases include:

  • Leaving a sponge inside a person after an operation.
  • Botched anesthesiology.
  • Paralysis.
  • Brain injury.
  • Failure to diagnose of cancer.
  • Defective orthopedic Implants.
  • Wrongful amputation.
  • Operating on the wrong part of the body.
  • Birth trauma.


Medical Malpractice Cases Handled by Our Lawyers:

Patient Abandonment and Hospital Gross Negligence

On January 30th, 2018, lawyers from Martin Walker, P.C. obtained a jury verdict totaling $43.32 million against Tyler, Texas based East Texas Medical Center and one of its doctors. The jury found that the hospital was grossly negligent in its retention and supervision of a doctor on probation whose abandonment and improper care led to a patient’s complete loss of his quality of life and ability to provide for his family. Lawyers from Tyler-based Martin Walker PC argued the hospital’s bylaws should have prevented Dr. Boyd from treating 61-year-old Billy Pierce who was hospitalized with stomach pain and vomiting in April 2014. Jurors heard testimony that Dr. Boyd erroneously concluded that Mr. Pierce had an anatomical abnormality that made it impossible to surgically remove bile duct stones.

Botched Anesthesiology Care by Doctor and Hospital

We obtained a verdict in Gregg County against a Hospital and a doctor in the amount of $1,920,223.00. The anesthesia team failed to protect and manage their patient’s airway and caused the patient’s death when he retched up blood from a Mallory-Weiss Tear in his stomach, and subsequently aspirated it. The doctors and hospital misled the family into believing that their loved one would recover and were instructed to hold his hand and speak ”loudly” to him for several days despite the fact that they knew he had developed anoxic encephalopathy and multi-organ failure due to the lack of oxygen to his brain.

Missed Diagnosis of Leg Fracture Resulting in Total Hip Replacement

We helped the family of an active, 27 year old wife and mother to a one year old whose medical provider failed to diagnose a fracture of the right femoral neck. As a result, she suffered bone death, loss of the hip joint, and a total hip replacement followed.

Nursing Home Negligence

We helped the family of a woman who died as a result of the negligence of nursing home employees who failed to ensure that appropriate fall risks were addressed and that necessary fall protection equipment was utilized.

Unnecessary Hysterectomy

We helped a woman whose surgeon performed an unnecessary hysterectomy, resulting in multiple complications.

Botched Removal of Gallbladder

During a routinely scheduled gallbladder removal, the surgeon failed to realize he had cut the patient’s bile duct. It was several days before free floating bile was discovered in her system. As a result, the patient suffered irreparable harm and needed multiple follow up surgeries.

Botched Gastrectomy

We represented a man who was scheduled for a partial gastrectomy with a Billroth II gastrojejunostomy. The surgeon did not properly assess the patient preoperatively. There was no indication for the extreme surgery performed and alternate conservative treatment was not explored. Inadequate informed consent did not divulge conservative alternate treatments. The surgeon inappropriately stapled the plaintiff’s severely scarred duodenum. A Vagotomy was not attempted. Due to negligent post-op management, the surgeon did not discover a leaking fistula; too much time had passed before operating to fix the problem. The surgeon performed multiple operations in an attempt to solve the complications, but did not perform necessary tests to localize the leak.


We represented a man who was misdiagnosed, and as a result lost his right leg below the knee.


Call: (903) 526-1600


Located: 121 N. Spring Avenue Tyler, Texas 75702

Contact us today for your free case evaluation! Our team of professional Tyler and East Texas attorneys are here to help you in evaluating your case.

Fill out the form for a quick response from one of our team members.


Call: (903) 526-1600


Located: 121 N. Spring Avenue Tyler, Texas 75702

Contact us today for your free case evaluation! Our team of professional Tyler and East Texas attorneys are here to help you in evaluating your case.

Fill out the form for a quick response from one of our team members.