What Constitutes Medical Malpractice?: Medical Malpractice Defined
You entrust your medical provider with your body because you trust in their ability to take care of you. However, sometimes these professionals let you down in the worst way, resulting in a personal injury that you may deal with for the rest of your life. Law firms like the Law Office of Scott D. Reiner have built their practice focusing on helping the average Texan through malpractice cases. When negligence happens and injury ensues, the person who should be held liable is the one who caused the problem.
- 1 What is Medical Malpractice?
- 2 Medical Malpractice Claims
- 3 How Do I Prove Medical Malpractice?
What is Medical Malpractice?
Medical malpractice is defined as a legal case of action that occurs when a medical professional is negligent, resulting in harm to the patient. The effects of medical malpractice can be devastating and possibly permanent to the body. Proving medical malpractice takes time and a dedicated personal injury lawyer who is willing to fight for the compensation you are owed. Every moment is precious when deciding to pursue a medical malpractice claim.
Medical Malpractice Claims
Texas actually sees thousands of medical malpractice cases annually. The resulting injuries and problems cost victims tens of thousands of dollars on payments. Financial charges can be straining and compensation for damages can be difficult to acquire.
A Texas attorneys like Cherkaoui & Associates know just how tough it can be to prove medical malpractice. You should consider the benefits of having a personal injury attorney for your case. Medical malpractice is not easy to prove, and can be a challenging legal problem for all those involved.
How Do I Prove Medical Malpractice?
Proving medical malpractice requires many stipulations. In order to file a medical malpractice suit, the injured patient must decide to file within the statute of limitations. It is important to begin the process as soon as you are made aware of the negligence. Medical malpractice requires the presence of several circumstances:
You have been in the care of a licensed professional.
This may be the simplest of the four steps to prove. In order to be considered under the licensed professionals care, there has to have been an established patient and professional relationship. Medical advice given as friendly advice from a professional is not considered being under a professional’s care. Under the law, there is an established standard of care recognized that holds medical professionals accountable and to a high medical standard. When this standard of care has not been met, then there may be a case for negligence.
While under the care of this professional, there was a breach of duty.
To establish a case that there has been medical malpractice, there needs to be a negative deviation in the services performed by the professional performing the service. This could mean carelessly prescribing the wrong medication, incorrect amputations, not providing important test results, or incorrect procedures performed during a surgery.
Because of this breach, an injury was caused.
It is important to establish that the injury resulted from the negligence and was not simply an injury that occurred while under the care of the medical profession. Medical malpractice cases are expensive and because of the lengthy review process can go on for a while. It is important that the injury sustained is a significant injury that would be worth going through a long litigation process.
Because of this injury, there are resulting damages.
Once you have established that there was negligence while you were under care, you must prove that the injury you have is one that resulted in damages that caused disability, loss of income, unusual pain, suffering and hardship, or significant medical bills.