Medical negligence is a legal term that refers to the mistakes doctors and other medical professionals make during patient care. It can lead to serious injury or death of patients, as well as emotional trauma for those who survive. This type of conduct may be intentional or due to simple human error – either way, it needs to be addressed so these mistakes don’t happen again. It’s important for patients and their families to know what qualifies as medical negligence in order to be able to pursue any remedies they may have.
Medical negligence is also known as malpractice and if you feel like your doctor has made an error, it’s important to talk with them about it. If they refuse to acknowledge their mistake, then you may need to take legal action. For more information about your rights if you believe you’ve been harmed by medical malpractice contact our office today by calling 713-572-3333!
The 4 D’s of Medical Negligence:
1. Duty
When a healthcare provider agrees to treat a patient who requests that treatment, they have a duty to provide care to that patient. A duty of care is a legal obligation imposed on an individual that requires adherence to a standard of reasonable care. However, a doctor and patient must establish a relationship. Otherwise, there is no duty for the healthcare provider.
It is the duty of every medical professional to provide care that is up to industry standards for their patients. This responsibility comes with a level of risk, but when all factors are considered in the equation, it becomes clear that this duty outweighs any other considerations. Medical negligence can take many forms and each case has its own set of circumstances, but one thing remains constant: The patients health and well-being should always be the first priority.
2. Deviation
In the medical field, deviation from the standard of care is a common occurrence. In this blog post we will discuss what causes deviations from the standard of care and how to protect yourself if you’ve been a victim of negligence.
The following are examples of situations where deviation from the standard in care could have occurred:
- Misdiagnosing a patient or diagnosing them too late
- Giving the wrong prescription/wrong dosage or not paying attention to other prescribed medications that could react badly when taken together
- Recommending/performing unnecessary or wrong surgery/treatment
- Using improper surgical techniques, such as leaving a sponge inside a patient
3. Damages
Damages must show that the patient actually suffered harm, either physical, mental or both. This is often shown through medical records, hospital/doctor bills, prescriptions and/or testimony.
4. Direct Causation
Finally, a patient must prove that their injuries were directly caused by the healthcare provider’s deviation. If a patient does not follow a doctor’s orders, then the doctor is not responsible for any damages. However, if you are able to prove the doctor/ healthcare provider has caused the injury, you may be entitled to compensation for your medical bills, lost wages and pain and suffering.
How long is the Statute of Limitations for Medical Malpractice?
Texas law requires an injured party to file a medical malpractice claim within two years from the date of the incident or within two years after an injury caused by medical negligence could have “reasonably” been discovered.
How Difficult is it to Prove Medical Malpractice?
Medical malpractice cases can go on for years and cost tens of thousands of dollars in legal fees; not everyone has this kind of money lying around! Hiring an experienced medical malpractice attorney can be the most important step in proving medical negligence. Your attorney can use the following types of evidence to help prove your case:
- The patient’s medical history
- Any and all medical text results
- MRI’s, X-rays, CT scans, and other radiological exams
- The doctor’s personal history, especially any prior claims of negligence made against them
- The history of the facility where the patient received treatment, especially if there is a history of are similar lawsuits
- Medical expert witness testimony
Contact a Texas Medical Malpractice Attorney
Medical negligence is a serious problem, and it’s something that affects many people. If you have been injured by a doctor or other medical professional, call Adam Miller, The Texas Bulldog to find out what your legal options are moving forward. The attorneys at The Miller Law Firm can help you get the justice you deserve for injuries sustained due to someone else’s mistake or negligence. We will work with you every step of the way–from assessing the situation to negotiating on your behalf and even fighting for your damages in court, if it comes to that. If you have been the victim of medical malpractice and need legal advice, contact our law firm today for a free consultation with one of our experienced personal injury attorneys. Our team will work hard on your behalf and we never charge any fees unless we win your case. We are here to help! To learn more, contact us today by calling 713-572-3333!
