In the United States, medical malpractice and medical negligence cause personal injuries to over 1.3 million people each year. In fact medical errors are the 8th leading cause of death in the US!
If you or a loved one has incurred injury or harm due to medical malpractice or medical negligence, you may be entitled to monetary compensation. But what, exactly, is medical malpractice, and what qualifies for a viable medical malpractice lawsuit?
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What is Medical Malpractice?
Medical malpractice is the professional negligence by act or omission of a health care provider (such as a doctor, nurse, or technician) in which the treatment provided causes injury or death to the patient by falling below the accepted standard of practice in the medical community.
Doctors, hospitals and other healthcare practitioners have a reputation to uphold and will do everything in their power to prove that their treatment (or lack thereof) did not cause you harm. That’s why you need an aggressive and knowledgeable medical malpractice lawyer on your side.
What do Medical Malpractice Lawyers Do?
It is the job of a medical malpractice lawyer to prove that your doctor or health care professional was negligent or sub-standard in providing medical care or treatment to you, and that you suffered some kind of harm as a result.
Therefore, medical malpractice attorneys must be able to prove causation: meaning your damage or harm was caused by the doctor’s mistake. As a general rule, this will require at least one expert witness (usually other doctors or medical professionals) to explain how the mistake caused your injury. It will also require the deep understanding of medical malpractice law that only a dedicated personal injury lawyer, like Blaine A. Tucker, can provide.
Types of Medical Malpractice Lawsuits
Most medical malpractice cases involve medical error, though some may involve medical negligence. Medical malpractice or negligence may include: mistakes in treatment, improper diagnoses, and lack of informed consent. Below, you’ll find more information on each type of medical malpractice case.
- Improper Diagnosis: Improper diagnosis cases are viable if the patient is harmed by an improper diagnosis (when it can be established that other reasonably competent doctors would have made the correct medical call). Remember, with the rule of causation, a doctor is only responsible when the misdiagnosis actually causes harm to a patient (if, for example, the proper diagnosis could have saved a limb or a life).
- Mistakes in Treatment: Mistakes in treatment exist when a doctor or technician makes an error during the treatment of a patient. For a medical malpractice lawsuit to exist, it must be proved that another reasonably competent doctor would not have made the same misstep; and that the misstep caused some type of personal injury or harm.
- Lack of Informed Consent: Patients have a right to be informed and to decide what treatment option they receive. Patients also have the right to completely understand the implications of that treatment. Doctors are obligated to provide sufficient details about treatment to allow patients to make informed decisions. Doctors or healthcare professionals may be held liable for malpractice when they fail to obtain patients’ informed consent prior to providing treatment.
More Information on Medical Malpractice Lawsuits
Medical Malpractice Statute of Limitations: Medical malpractice lawsuits are subject to a medical statute of limitations, meaning there is only a limited amount of time during which a medical malpractice lawsuit can be filed. The length of the medical malpractice statute of limitations varies per jurisdiction and type of malpractice. Your medical malpractice lawyer should be able to discern whether your damages occurred within the allotted amount of time.
Contingency Payment for Medical Malpractice Lawsuits: Contingency payment for a medical malpractice suit is an affordable option that means an attorney will take the case and represent the client “free of charge”, with the understanding that the attorney will receive a percentage of any damages award paid to the client, either as a negotiated settlement or as a jury award. This is the most viable option for many individuals, as the cost of medical malpractice suits can be expensive if paid up-front. Call the Law Offices of Blaine A Tucker to see if this option is available to you.
Blaine A. Tucker – Texas Medical Malpractice Lawyer
If you would like more information about pursuing a medical malpractice lawsuit in the state of Texas, contact the Law Offices of Blaine A. Tucker. Depending on your particular case, accept cases on a contingency basis; and our knowledgeable and aggressive team will work hard to ensure you receive any damages you are entitled to in your medical malpractice case. Don’t let your statute of limitations run out, contact the Law Offices of Blaine A. Tucker for your Free Consultation at: 713-771-5453 today!