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Medical Malpractice

  1. What is Medical Malpractice?
  2. I believe my doctor harmed me. What must I prove in order to recover damages?
  3. Who can I sue for my medical injury?
  4. My family member died because of the negligence of medical professionals. Can I file a lawsuit?

1. What is Medical Malpractice?
Medical Malpractice refers to the failure of a doctor or other health care provider, such as a nurse, anesthesiologist, or hospital, to properly treat a medical condition causing a new condition, aggravating an existing injury, or causing death.
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2. I believe my doctor harmed me. What must I prove in order to recover damages?
In a medical malpractice lawsuit, the victim generally must show that the doctor owed a duty of care that was breached by acting in a manner that fell below the acceptable standard of care in the medical community, and this caused your injury.
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3. Who can I sue for my medical injury?
It depends on the facts of the case, but generally the doctor, dentist, surgeon, anesthesiologist, nurse, or other health care provider is potentially liable for medical malpractice. An experienced Texas medical malpractice attorney can properly review the facts and law to identify the people responsible, explain your legal rights, gather evidence, and confront the wrongdoers responsible in court or across the negotiation table. Eberstein & Witherite, LLP, has successfully represented former patients who were injured by medical staff.
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4. My family member died because of the negligence of medical professionals. Can I file a lawsuit?
Under Texas law, the surviving family members of a deceased patient have a right to bring a lawsuit on behalf of the deceased. Through a survivor action or wrongful death lawsuit, the spouse, child, parent, or siblings can be properly compensated for their losses, including medical and funeral expenses, lost earnings, and the loss of support and companionship.
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