In the United States, roughly 251,000 deaths occur as a result of medical errors. Medical malpractice is brought about when a doctor fails to carry out their medical duties competently. As a result, this ends up harming a patient, and subsequently, putting their life at risk. In Texas, there are sufficient medical malpractice laws in place to protect your legal rights and help secure the proper medical care and attention that you deserve. However, before taking action, you need to understand the requirements and legal process involved when filing a medical malpractice claim. Therefore, here are a few key points to help you know if you can sue for medical malpractice.
Factors to Determine the Basis of a Medical Malpractice Claim
Before filing a claim, it is important to determine the basis at which your legal claim will be made. Below are some common ways to determine if you can successfully pursue a lawsuit against your medical practitioner or faculty.
- Evidence of A Doctor-Patient Relationship Should Exist
The first thing you'd need to do is show proof that a professional medical relationship between you and your doctor you plan to sue. This means securing viable documents showing that you hired that particular physician for your treatment. Things like backdoor consultation will not be considered as evidence.
- The Doctor You Want to Sue Has to Be Deemed Negligent
Often than not, one might experience unsatisfactory medical treatment or results. Provided that the patient emerged unscathed, their tempered emotion to the procedure's outcome will not deem the doctor liable. To pursue correct legal action, you need to show that your doctor was negligent, leading to an incorrect diagnosis or wrong treatment. When suing the doctor for medical malpractice, you'll need to prove that the doctor or surgeon caused irrefutable damage. Furthermore, the succumbed injury should be proved avoidable under the same circumstances but with a different doctor. This will hold the medical practitioner liable for malpractice, proving that results would differ if another doctor treated you.
- Seek Professional Advice with A Medical Malpractice Attorney
Deciding to pursue a medical malpractice case is a complex action that can prove difficult if handled alone. A medical malpractice attorney possesses a vast knowledge of Texas state laws and the legal process of filing a malpractice claim. Their experience and expertise can provide great insight and can significantly improve your odds of filing a successful lawsuit. Most lawyers offer free consultations. The best thing you can do is to book an appointment and consult a professional. This will help you determine if you have enough leverage to solidify your claim and receive quality legal advice.
- The Injury Resulted in Clear Damages
After being harmed at the hands of an inadequate doctor, you can sue them if you experience the following injury and damage types.
- Mental turmoil
- Physical pain
- Additional expenses
- Lost earnings or wages
- Emotional anguish
- Punitive damages, such as deliberately or accidentally leaving medical equipment inside a patient's body
- Wrongful death
- You Experienced a Breach of Medical Duty
Establish whether your doctor failed to carry out his or her responsibilities and breached their duty. For example, if you experienced unprofessional treatment standards, suffered from harassment, deliberate postponement of necessary surgery, misdiagnosis, or irrelevant prescriptions. Depending on the extent of malpractice, if you suspect that your doctor has failed to carry out their medical obligations to you, filing a lawsuit may be the best action to take.
If you or your loved ones have experienced medical malpractice at the hands of an incompetent doctor, then consider pursuing legal action and sue them for all the pain and suffering endured during the ordeal.