What Is Medical Malpractice?

Medicine is a far from perfect science. Even when doctors operate to the highest levels of care, a patient can still be injured or die owing to circumstances beyond their control. On the other hand, you may be able to seek compensation if your doctor or another medical expert’s reckless or negligent actions or omissions resulted in injury, illness, or loss of life.

Medical malpractice claims are difficult to handle. A lawyer can tell whether your claim fits the four components of medical malpractice in order for a negligent practitioner or facility to be held accountable.

Your Doctor’s Duty Of Care For Your Health And Safety

The plaintiff in a medical malpractice claim must show that there was a doctor-patient relationship between them and the defendant. If you were treated by a physician, he or she owes you the same duty of care as another doctor with similar education, background, or geographical location would.

Doctors are legally bound to adhere to established medical practices without deviation or omission.

Understanding Breach Of Duty

A doctor’s duty of care to a patient can be breached in a variety of ways, which might give rise to a medical malpractice case. 

Some examples include:

• Leaving a surgical tool or gauze inside your body.
• Incorrectly diagnosing or missing a diagnosis.
• Failing to recognize signs and symptoms of a clinical condition.
• Prescribing the incorrect type or dosage of medicine.

Although your doctor may not have acted maliciously, the outcome is the same: you or a loved one became sick, injured, or disabled as a result of medical negligence or mistake.

How Negligence Caused Your Injuries Or Illness

A medical malpractice lawyer will look for evidence that links a doctor’s negligence to your injuries and shows a reasonable and logical connection.

In certain situations, the connection between the doctor’s error and your injury or sickness is obvious. For example, if your surgeon took out your spleen rather than your gallbladder. Connecting the doctor’s negligence to your harm or sickness in other circumstances might be difficult.

Factors to consider in a medical negligence claim include:

• Your age, gender, and risk factors of your medical history.
• Whether you are receiving treatment for multiple medical conditions.
• Whether you receive medical treatment or care from more than one physician.

A defense attorney working for the doctor or their insurance company may claim that your condition was caused by a pre-existing condition. As a result, you should consider hiring a medical malpractice lawyer to craft a compelling and effective case.

Proving Damages In A Medical Malpractice Case

In order for a personal injury case, such as medical malpractice, to be successful, you must prove that you were harmed as a consequence of your accident or sickness.

Depending on the circumstances, you may get two types of compensation: special and general.

Quantifiable losses that might be included in special damages include:

• Lost pay.
• Cost of corrective surgery.
• Prescription medicine.

More tangible losses are covered by general damages. They might include the following:

• Loss of consortium.
• Pain and suffering.
• Diminished quality of life.

How To Prove The Four Elements Of Medical Malpractice

In our experience, negligent medical professionals are often slow to accept responsibility or wrongdoing. As a result, victims frequently hire attorneys and investigators to gather evidence.

A case study of the four elements of medical malpractice might include:

• Collecting medical records, test results, and other medical evidence of treatment.
• Expert testimony from doctors.
• Looking into previous malpractice claims or complaints.
• Timeline of events and parties involved

A law firm will then write a demand letter detailing your damages and submit it to the reckless party’s insurance company for reimbursement. They’ll negotiate with the insurer, and, if necessary, bring a lawsuit before a jury or judge in order to obtain adequate compensation for you.

Receive The Legal Help You Deserve!

You’ll want to speak with Medical Malpractice Lawyers of Texas after suffering a serious accident caused by medical negligence. Your rights are crucial and must not be taken lightly. You’ll want to learn what to do if you suspect medical malpractice. Our team of professional medical malpractice attorneys in Texas will fight for you. At Medical Malpractice Lawyers of Texas, we believe in defending the rights of our clients. Our Texas medical malpractice attorneys aim to ensure that you receive the compensation you deserve and we want to make sure that something like what happened to you does not happen to anyone else.