If you are like many people, you may think you have a medical malpractice lawsuit if you have been injured or become ill due to a mistake made by your doctor. While this is true in many cases, it is important to educate yourself about what it takes to file a medical malpractice suit in Texas. There is no question as to how nerve-racking it can be to put all your confidence in a doctor to help you get better or treat a medical problem. However, doctors and medical professionals do make mistakes from time to time, resulting in a patient getting hurt or worse.
Medical malpractice lawsuits can be filed if you are able to prove that a medical provider or facility negligently provided care resulting in injury or death. In most cases, malpractice lawsuits become long and complicated matters because it can be difficult to prove that your doctor made a mistake and that you were harmed as a result of his or her mistake.
We have found that medical malpractice lawsuits against doctors and facilities are usually based on one of the reasons listed below. Here are the top 5 reasons to file a medical malpractice lawsuit:
1. Lack of consent. One of the main reasons medical malpractice occurs is when a doctor does not obtain informed consent from the patient before proceeding. In order to administer medical treatment, a doctor must determine that the patient is of age, lucid, and understands all of the risks. Lawsuits filed due to lack of consent generally move forward on the grounds that the doctor failed to explain all of the risks.
2. Patient suffers an abnormal injury. These cases typically involve extremely rare and abnormal injuries, such as items being left inside a patient by the medical professional or clearly botched surgeries.
3. Failure of medical professionals to provide adequate treatment. All medical professionals are required to give treatment that meets the correct standards for the injury. If the doctor does not follow these standards by providing the wrong medication or an untested treatment, he may be held accountable in a court of law.
4. Safety procedures were not followed. These types of lawsuits can range from injuries caused by dirty, unsterile environments to the failure of the medical staff to check the patient’s identity. If any safety procedure was ignored and a patient was therefore injured or even died, there may be grounds for a lawsuit.
5. Medical facility was not properly maintained. Finally, you may have a medical malpractice lawsuit if the facility in which you received care failed to properly maintain equipment or did not meet the cleanliness standards put in place.
Before you can actually file a medical malpractice lawsuit, you must be able to show that the mistake made by the doctor or facility staff member caused you damage or serious harm. Here at Wormington & Bollinger, our medical malpractice lawyers have the confidence and experience necessary to go over your specific case and determine whether or not you have the right to pursue legal action against those responsible. To learn more about these types of cases and your rights as a Texas resident, please contact a medical malpractice attorney from Wormington & Bollinger today.