When visiting a health care provider, one is often seeking compassionate, competent medical care during a difficult time. A great deal of trust is placed in the health care provider’s knowledge and skill to appropriately diagnose and treat the underling medical condition. There are times, however, where this trust is violated and the health care provider does more harm than good.
In Texas, medical malpractice arises when a health care provider, such as a nurse or doctor, fails to provide the appropriate level of care to a patient. In the legal context, this is often referred to as violating the standard of care—what the doctor or nurse is expected to do under the same or similar circumstances. While often used interchangeably, not all medical malpractice is legally compensable medical negligence.
In order for an injured person to recover in a lawsuit for medical malpractice, the conduct of the health care provider must also rise to the level of medical negligence. The key distinction is that for medical negligence, the medical malpractice committed must also result in an injury to the patient. That is, if a medical mistake was made but resulted in no injury to the patient, then a lawsuit is not warranted as the conduct did not meet the legal definition of medical negligence.
To successfully recover in a medical negligence suit, the injured party must prove several elements: 1) the existence of a healthcare provider-patient relationship; 2) establish the appropriate standard of care; 3) establish that the healthcare provider failed to meet the appropriate standard of care; and, 4) the healthcare provider’s mistake injured the patient. These elements, under Texas law, must be proven through competent expert testimony.
In addition to the high legal burden placed on victims of medical malpractice, the procedural requirements to file a medical negligence suit are many. That is why if you suspect you or a loved one was a victim of medical negligence, it is important to consult with an experienced medical negligence attorney at Daniel & Associates as soon as possible. Our experienced attorneys can assist you in investigating any potential medical malpractice claim, as well as help you find answers as to what went wrong.
As a victim of medical malpractice, your trust was violated and your injuries often compounded. Let us put our team to work for you and get you the help you need.