Commonly referred to as medical negligence, medical malpractice occurs when a physician fails to properly diagnose or treat a medical condition, resulting in a new or aggravating injury to the patient.
Texas Medical Malpractice Attorneys
Medical malpractice is one of the major concerns that patients have to contend with while hospitalized.
While most hospitals and healthcare facilities in Texas have qualified and ethical doctors who provide high quality care on a regular basis, there are some individuals who fail to act promptly or properly when caring for their patients, leading to birth injuries, cerebral palsy, neurological damage, unneeded surgeries, amputation and even misdiagnosis. Medical malpractice often leaves victims with serious personal injuries, and may even cause a wrongful death.
Medical malpractice is defined as the failure of a healthcare provider to follow the accepted standards of practice, resulting in harm to the patient.
Medical malpractice is a tort law which actually dates back to the Roman period. With time, the law expanded to cover continental Europe and specifically England, where common law was established and became the basis of American law a couple of hundred years later.
Common Examples of Medical Malpractice
- Failure to properly diagnose a disease or illness
- Failure to properly monitor patients in the course of a disease or illness
- Failure to properly treat patients with a diagnosed disease or illness
- Surgical errors, including wrong-site surgery or anesthesia errors
- Failure to fully inform patients of risks with certain procedures and surgeries
- Misuse of prescription drugs
- Improper use of medical equipment or implants
- Failure to prevent the spread of resistant bacteria, such as MRSA or VRE
These common medical errors are only a few of many possible violations of your healthcare rights. The array of complications and problems that arise as a result of medical malpractice (and failure to diagnose) is interrelated and complex. These cases require not only expert medical professional opinions, but an experienced Texas medical malpractice attorney. For a medical malpractice lawsuit to be successful, the following factors need to be present:
- There must be a professional duty owed to the patient.
- There has to be a breach of such a duty.
- There must be evidence pointing to injury caused by the breach.
- There has to be resulting damages.
It's important to note that damages may be economic on non-economic; things like psychological distress arising out of medical malpractice are considered non-economic damages.
Tort Reform in Texas
The State of Texas reviewed its tort system about a decade ago in response to the (perceived) large number of lawsuits targeting doctors. In reality, this tort reform movement was aggressively pushed by the insurance companies. As a result of their massive campaign, many in Texas unfortunately associate the word "frivolous" with any and all medical malpractice cases. Texas voted and passed sweeping tort reform laws in 1993. The new requirements (such as requiring an expert medical witness to be hired on all cases, and a cap on damages) meant that victims of medical malpractice now had a big hill to climb. Compensation for non-economic damages was capped at $250,000, a paltry figure given the fact that some of these conditions acquired after medical malpractice may lead to millions of dollars in damages. All these hurdles mean that it's much harder (but not impossible) to try a medical malpractice case in Texas today.
Contact an Experienced Medical Malpractice Lawyer
Despite all of this, having a dedicated law firm could help you get the compensation you deserve. Our Texas medical malpractice attorneys are among the best in their field and have resolved many multi-million dollar personal injury cases and failure to diagnose cases. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactics available to successfully resolve your personal injury claim, or your family's wrongful death claim. We'd like to offer you our services. Let us help you stand up to the system. Call us today at 1-877-659-1620 for your free consultation and we'll do our best to help you. Thank you for choosing Rasansky Law firm.