Most people trust that physicians or health care providers will heal their conditions. Very few anticipate that one will cause them harm, or make existing health issues worse. Most doctors and other health care practitioners treat patients in such a way that meets the highest standards of medical care, but there are many who make mistakes that lead to injury and, in the most extreme cases, a wrongful death . Medical malpractice legal claims account for a large portion of those filed in the state of Texas under personal injury law. Medical negligence is the legal term for identifying negligent acts by health care providers that cause them to fail to deliver care that meets certain standards or expectations which correlate with their training, knowledge, and experience. Surgical errors, diagnosis failures, and improper discharge are a few of the medical related mistakes that can lead to injury. When such an incident occurs, victims have a right to be legally compensated for medical treatment, lost wages, pain and suffering, or other accrued damages resulting from their injury.
Making a Case
In order to receive compensation under the provisions of Texas personal injury law for medical malpractice, a patient must be able to prove:
- That they were under medical supervision
- That an injury was sustained
- That one’s injury was caused by medical negligence, or the actions of a health care provider connected their care
The law recognizes medical malpractice as a very serious issue, and treats it as a complete violation of patient rights. Regulations and procedures are put into place to prevent these kinds of injustices from happening, and holding those responsible accountable for their actions often requires the assistance of a qualified attorney thoroughly knowledgeable of what these rules and procedures are. These complex cases also often require the input of experts who specialize in the same field as those accused of medical malpractice, to provide testimony on what reasonable measures to take would have been in specified circumstances.
Recent changes in state and federal laws limit the ability of some injured to collect compensation for a negligent medical error. It is important that you fully understand your legal rights and options. Contact Eberstein & Witherite, LLP, for a free consultation with a Texas medical malpractice attorney who, along with a member of our bilingual staff, will give you straight answers in English or Spanish, if needed. It costs you nothing to contact us and you will not pay any legal fees or out-of-pocket expenses unless and until we recover compensation for your injuries.
