When someone is harmed by the carelessness or intentional act of a medical professional, often referred to as medical negligence, they often want to hold the individual accountable for their injuries via a medical malpractice claim. That said, to win such a claim, you are required to prove several things. For a more in-depth explanation of how to prove medical malpractice, please read on, then contact an experienced Harris County, Texas medical malpractice lawyer soon. The elements you will need to show to prove your medical malpractice case in Texas include:
The existence of a provider-patient relationship in a medical malpractice claim
The first thing you will have to prove when seeking compensation via a medical malpractice claim is the existence of a doctor-patient relationship, which establishes that the physician in question owed you a duty of care. Essentially, if it was formally established that the physician in question was, in fact, your treating physician, then they would have owed you a duty of care.
The medical standard of care was breached due to medical negligence
Once we can prove that the medical professional in question owed you a duty of care, we will have to prove that the medical professional then breached that standard of care by acting in a way that another physician in similar circumstances within the medical community would not have acted. Medical errors, such as incorrect prescriptions or unnecessary surgeries, can serve as evidence of this breach. For example, if it is determined that most physicians would have simply prescribed an individual a certain type of medication, given their particular medical condition, but the treating physician opted for surgery which lead to further complications, it will likely be determined that the physician failed to adhere to the medical standard of care.
Quantifiable proof of harm, i.e. damages
Finally, as long as you can prove that your injury was a direct result of the doctor’s act of malpractice, you’ll need to result that you incurred real, quantifiable damages, including reduced quality of life, further medical treatment, lost income from being unable to return to work, and physical and mental pain and suffering among other things. Medical bills are crucial in demonstrating the financial impact of the injuries sustained, serving as key evidence in quantifying economic damages.
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If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.
Frequently Asked Questions
What is needed to file a successful medical malpractice claim in Texas?
To file a medical malpractice claim in Texas, you must demonstrate that there was an established doctor-patient relationship, that the medical professional breached the standard of care, and that the breach directly caused you quantifiable harm. This may include medical expenses, lost wages, or pain and suffering. Each of these elements is crucial to proving your medical malpractice claim and receiving compensation for the harm caused.
How can a medical malpractice lawyer help prove medical negligence?
A medical malpractice lawyer helps by gathering and presenting evidence to demonstrate that the medical professional failed to meet the standard of care expected in their field. This often includes consulting with medical experts, analyzing medical records, and building a strong case to establish that your injuries were due to medical negligence. Lawyers experienced in medical malpractice lawsuits understand how to collect and present evidence to increase the chances of a successful outcome.
Why is the doctor-patient relationship essential in a medical malpractice suit?
The doctor-patient relationship is foundational in a medical malpractice suit because it establishes that the physician owed you a duty of care. Without this relationship, it’s challenging to prove the doctor was obligated to act with care in your treatment. This relationship confirms the physician’s responsibility to meet a certain standard, and if breached, it supports the argument for medical malpractice claims.
What damages can be claimed in a medical malpractice lawsuit?
In a medical malpractice lawsuit, you can claim several types of damages, including medical bills, lost income, pain and suffering, and reduced quality of life. These damages serve to compensate for the financial and emotional impact of the injuries caused by medical negligence. Demonstrating these damages with medical records and expert testimony is essential to maximizing your recovery in a medical malpractice claim.
How long do medical malpractice claims typically take to resolve?
Medical malpractice claims can vary significantly in length, often taking several months to years to resolve. Complex cases, especially those with disputed medical negligence, may require more time due to the need for extensive medical documentation, expert consultations, and potential courtroom proceedings. A knowledgeable medical malpractice lawyer can provide realistic time expectations and work to resolve your claim as efficiently as possible.
