Medical malpractice is a type of wrongdoing by professionals in the medical field. It refers to any negligent or intentional action or omission during diagnosis, treatment or health management that injures a patient. Every year, thousands of patients sustain injuries and illnesses due to medical malpractice. If you notice any signs of malpractice in your health care, you may have grounds to bring a civil claim against your physician, the hospital or another party.
Most patients believe medical malpractice happens much less often than it actually does. In a 10-year period, defendants had to pay 143,713 claimants for medical malpractice claims. These are just the cases that went to court and succeeded. Texas is one of the top states for medical malpractice claims, along with California, Florida and New York. Although many actions can constitute medical malpractice, certain errors are more often involved in lawsuits than others.
If you are a patient in Texas and you experience a poor health outcome, it does not necessarily mean you are the victim of medical malpractice. The legal definition of medical malpractice, or medical negligence, in Texas is the violation of a duty of care to a patient by a health care provider. A physician must have been negligent in your health care in some way for you to have a medical malpractice case.
During a claim, it will be up to your side of the case to prove the defendant guilty of medical malpractice. Most plaintiffs need attorneys to help them prove their cases. This is a complicated practice area with many rules and regulations in Texas. You may need proof such as eyewitness testimony, expert opinions and medical records. Proving negligence during a medical malpractice claim takes four main elements: the four Ds.
Proving the four Ds during a medical malpractice suit in Texas may take hiring a medical expert to testify as to the defendant’s duties of care and alleged breach of that duty during a patient’s care. If you believe you have evidence of the four Ds, you may have all the signs of a medical malpractice lawsuit. Contact an experienced Dallas injury attorney to help you determine if you have a case. If so, your lawyer can help you demonstrate duty, breach of duty, causation and damages through a preponderance of the evidence. A successful malpractice suit could pay you for losses such as hospital bills, lost wages, legal fees, physical pain and emotional distress.