Medical malpractice occurs when a healthcare entity or medical professional has done harm to a patient during the course of their medical treatment. In order for this to be classified as malpractice, however, it must be deemed “negligent.”
Negligence generally occurs when a healthcare provider violates the “standard of care” generally accepted in the medical field. However, the standard of care changes depending on a number of factors; including age, preexisting health conditions, etc. In Texas, the bases of the standard of care are determined on how the general healthcare industry is treating patients in the area with similar conditions.
Examples of Medical Mistakes that could be deemed negligence are the following:
- Surgical errors
- Medication errors
- Anesthesia errors
- Missed or delayed diagnosis
- Failure to order a surgery in a timely manner
- Improper prenatal care
Unfortunately, the Texas legislature has crafted laws that are aimed at punishing victims and discouraging them from bringing medical malpractice claims (which benefits only the insurance companies). Additionally, the Texas Supreme Court generally sides with hospitals and healthcare providers in Medical Malpractice claims and has created case laws that can make it difficult of malpractice victims to get fair compensation.
Sadly, both the Texas legislature and the Texas Supreme Court have created a number of “hoops” for injured victims to jump through before injured victims can pursue a medical malpractice claim.
In order to pursue a case, you will have to prove the following:
- There was a doctor-patient relationship
- The care provided fell below the standard of care
- There is a clear connection between the medical negligence and the harm done to the patient
- The breach of the standard of care resulted in significant damage or loss of life.
Because of Texas laws, medical malpractice cases can be extremely difficult to prove. That’s why it’s essential to have an experienced attorney on your side who can assist you through the process, and help you navigate all of the many traps and pitfalls that can destroy your case.
Don’t let the hospital or physician get away with their negligent acts! If you, a family member, or a friend has been injured by the wrongful actions of a doctor or healthcare facility staff, contact us right now at (210) 910- 4332 so we can start fighting for you!
Be aware that there are strict timelines that must be followed or you could be prevented from seeking compensation.