Legal Guidance by Carolyn Barnes, P.C.

This is one unique law firm!  Early on in the practice, the decision was made to concentrate all of our efforts and resources advocating for those who were not able to defend themselves.  We quickly realized that cases involving medical malpractice and wrongful death were some of the most egregious cases where we could have the greatest impact. This focus has allowed us to gain considerable expertise in medical malpractice and wrongful death claims, as well as catastrophic injuries, labor and delivery complications, and obstetric and gynecologic cases.

We soon realized that our expertise was needed in the area of Constitutional and civil rights violations and the dire need for criminal justice reform, prison reform, and exposure of corruption and abuse in these areas.  This lead to a startling realization that we needed educational reform.  Shortfalls in our educational system fuels the ongoing and unaddressed crisis in our criminal justice system.  Therefore, we began allocating resources and energy into these areas of law.  

In working in the medical malpractice, educational, and criminal justice areas, we became more and more aware of the systemic conditioning of numerous people in at least four generations of Americans.  We are endeavoring to correct these misconceptions through several business ventures and non-profit organizations.  We have created two for-profit corporations that fund several non-profits entities addressing social ills and reforms.

We have now expanded into real estate law, construction law liability, estate planning, wills and estates, and probate law. 

There seems to be no end to the oppression of the little guy by big corporations, runaway government, insurance companies, and pharmaceutical conglomerates--it seems that so many organizations are set up today simply to take advantage of the unequal bargaining power of the individual. 

We are actively helping individuals get their finances in order to avoid these pitfalls and to help others learn to avoid injury and loss.  We are losing our FREEDOMS more and more each day because so many people have been shackled with debt, demoralized, and disenfranchised.  When citizens of any country are debt-ridden, demoralized, and disenfranchised the entire fabric of the country suffers as a result.  The people are easier to rule, but they feel hopeless, drained, and apathetic. 

We strive to inspire a more empowered, emboldened, and enlightened way of living so that more people have the energy and hope that is required to become more active in their communities, more prone to vote, and more willing to give back to society.  We all need to reclaim our lives and stop living in fear and suffering hopelessly.  There are answers and solutions, but Freedom does not come without sacrifice and paying the price.  We inspire all people we come in contact with to see FREEDOM first, and we show them the tools to succeed.

Carolyn Barnes has been practicing law since 1984.  On January 15, 1986, Carolyn Barnes opened her own law firm. Legal Guidance was formed to assist people with basic legal questions, to guide them through the legal process, and match them with legal assistance they may require. Legal Guidance reflects the major interest of medical malpractice, wrongful death, catastrophic injury cases, with a balance in the field of criminal law and civil rights/constitutional law, real estate law, and wills and estates.

The firm's focus on experience, integrity, and personal attention has proven successful.

All attorneys are governed by a higher standard called the Code of Ethics. We believe as attorneys we must live by these ethics in all that we do and say.  We simply must take action to correct the leadership deficit in this country.

Among these ethics is one specific right you should be aware of that your lawyer is obligated to provide:

CLIENT CONFIDENTIALITY: This is called attorney-client privilege. This means that a lawyer, or any member of his or her staff, cannot reveal most things you say or show to your lawyer. This is true if you have hired that lawyer or just talked with a lawyer and communicated certain information. There are exceptions such as someone who reveals something illegal such as a scheme to defraud or give perjured testimony.

We are committed to the highest standard in legal representation.

MEDICAL MALPRACTICE

1. What does a medical malpractice claim consist of?
If a medical provider (a doctor or a hospital) usually makes a mistake and breaches the standard of care existing in Texas at the time of the mistake, this can give rise to a malpractice claim. The person injured will have to have been damaged as a result of the mistake. These damages can include:

2. What happens first?
Our firm reviews every claim before we agree to undertake the investigation phase of the claim. If we believe on the face of information provided, together with preliminary medical reports, that you have sufficient grounds to believe some type of malpractice exists and the damages are worth pursuing, our firm enters into a contract with you that provides for a fee based upon the amount of that is ultimately recovered for you.

Many times we have evidence of malpractice but the damages are not sufficient to warrant the filing of a law. Most medical malpractice claims have out-of-pocket expenses ranging upwards of $75,000.00 depending on the size of the claim. For that reason, and because the claimant is ultimately responsible for the costs, we make sure that the damages are severe enough to warrant filing suit.

3. What is the investigation phase?
Prior to filing a medical malpractice action, our firm must gather all pertinent medical records and have them reviewed by a qualified medical expert. This can be a time-consuming process. The cost of obtaining the medical records usually runs between $250.00 to $500.00. The cost of an expert to review the records and determine if there is a cause for malpractice can run between $1500.00 to $3500.00 for review of the records. Based upon the expert?s opinion, the medical provider is put on notice of the claim. Usually this is passed to the insurance company and an opportunity is afforded to them to settle the case. Most claims are denied by the insurance company no matter how clear the evidence is because they hope to discourage the claimant.

4. WHAT IS THE LAWSUIT PHASE?
Once the claim is denied or a decision is made that the case cannot settle without a lawsuit, a Petition is filed in the appropriate Court and all defendants are served a copy of the Petition. The defendants will file an Answer. The next portion of the process is called the discovery phase. The plaintiff (the claimant) and the defendant (the medical provider) will take depositions of all parties, experts, witnesses, etc. There will then be a mediation held where a third party will mediate between the parties to see if the claim can settle. A trial date is then set. The trial, depending on the complexity of the issues, can take up to one to three weeks. The lawsuit process for a medical malpractice claim can take from two to three years to complete.

5. WHAT HAPPENS AT THE TRIAL?
All the evidence is presented by both sides and a jury of twelve people will have to decide (1) was the medical provider negligent in the care and treatment rendered, (2) did this negligence cause the damage or injury alleged, and (3) what amount, if any, is the plaintiff entitled to recover.

6. HOW DO I KNOW IF I SHOULD EVEN CONSIDER FILING A MALPRACTICE CLAIM?
It never hurts to have an attorney review the claim. In Texas, there is a short time frame (two years from the date of the act of malpractice in most cases) but that time frame can be extended based upon certain criteria. We always suggest you consult an attorney experienced in malpractice to find out if you have a claim. However realize that even though there are many, many cases of negligence on the part of medical providers, some claims simply are not worth pursuing due to the large amount of out-of-pocket expenses resulting in a smaller likelihood that the claimant would recover anything in the end. We cannot justify placing an injured person through the harsh rigors of litigation if we do not feel the client will recover anything for their efforts.

7. IF I LOSE WHAT AM I RESPONSIBLE FOR?
If you lose, our firm receives no fee. You are, however, responsible for the costs and the defendant can ask the Court to make you pay their costs. If your claim is not clear cut at the initial inquiry, you may be asked to advance the monies for the medical records and the expert. These go to pay for the medical records and the fees charged by the experts. This is done on a case-by-case basis.

8. DOES EVERY LAWYER HANDLE MALPRACTICE CLAIMS?
Absolutely not! Medical malpractice claims require experience. Some lawyers handle only certain types of malpractice claims. You should ask the lawyer how many malpractice claims he or she has handled and what the resources of the firm are. Because the lawyer advances the costs after the initial investigation, the lawyer or firm has to have the financial resources to fund the case. Defense firms know they can outspend the average lawyer.

9. WHAT EXPERIENCE DOES YOUR FIRM HAVE?
Our firm handles several malpractice claims at any one time and we also have a network of experts and other lawyers experienced in malpractice claims we consult and work with. Our firm has the financial resources to fund the cases we select to handle. We do not handle every claim that comes our way but we are glad to refer these potential claimants to other law firms we know may be interested and who are experienced in medical malpractice. We will match your case with the appropriate lawyer or law firm to meet your specific needs based upon the individual facts and requirements of your case.