Medical malpractice laws are one of the most common types of legal claims filed in the US. This type of claim arises when a healthcare professional is negligent in providing medical care or providing treatment to patients. Too often, doctors, nurses and other health care providers are negligent and cause harm to the very patients they are supposed to help. However, not all medical errors or unfavorable outcomes rise to the level of negligence. This is often a very difficult concept for victims and their families to understand. Understanding medical malpractice and the legal requirements surrounding this type of claim is important in obtaining compensation for all your financial, physical, and emotional damages.
What constitutes medical malpractice?
As stated above, not all medical errors constitute negligence on the part of a healthcare professional. However, there are a variety of different scenarios that can lead to a valid medical malpractice claim, including:
lack of diagnosis
misdiagnosis
Surgical Errors
prescription drug errors
Not obtaining informed consent
birth injuries
poor treatment
Medical malpractice claims can be brought against any type of medical professional, including doctors, nurses, hospital staff, nursing home staff, pharmacists, and other health care providers. Your medical malpractice attorney must be able to prove that the healthcare professional failed to meet the standard of healthcare in your community. This standard is defined as the level of care that a competent healthcare professional with similar education and experience working in the same medical community would have provided under similar circumstances.
Do I have a case?
In order for you to have a valid medical malpractice case, your lawyer must be able to prove to a judge or jury all of the following:
1. Your doctor owed you a duty of care. Once a healthcare professional agrees to provide medical care, he too has a legal responsibility to provide competent treatment.
2. Your doctor breached that duty by providing substandard care. This is usually proven by expert testimony regarding the accepted standard of care in your community.
3. Your doctor’s breach of duty caused you injuries. His lawyer must show that his injury was a direct result of the doctor’s negligence.
4. You have suffered physical, emotional and/or economic losses as a result of your injury.
When people visit a doctor’s office or hospital, they trust that they will receive quality care. No one who places her health and well-being in the hands of a doctor anticipates that he or she will make a mistake that will cause her harm. However, medical errors happen all the time, and when they do, it is essential that victims and their families seek legal advice immediately. If you believe you have been injured or a loved one has died due to a doctor’s negligence, contact an attorney as soon as possible to discuss your legal options. Call the Snapka Law Firm in Corpus Christi, Texas now at (361) 888-7676 or toll free (866) 888-7676 to discuss your case with an experienced medical malpractice attorney.