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Do I Have a Medical Malpractice Case?

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I’M ATTORNEY ROXELL RICHARDS

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DO I HAVE A MEDICAL MALPRACTICE CASE?

If you’re considering filing a medical malpractice lawsuit, one of your first questions is likely, “What do I need to prove?” A legal claim for medical malpractice usually comes down to establishing that your doctor or another health care professional was negligent in providing medical care or treatment to you, and that you suffered some kind of harm as a result. Medical malpractice lawsuits depend on whether or not the doctor or medical team acted within the standard of care in treating the injured patient. If you can allege, with expert support, that your doctor breached the standard of care, and this breach caused your injuries, you certainly have a case.

Cases like this in the state of Texas can be a challenge, thanks to tort reform measures put in place back in 2003. These measures made medical malpractice cases both tougher to bring, and arbitrarily capped the total amount that one can recover in such a case. In fact, you may have already discovered that many attorneys in Houston are simply unable to help with your potential claim. It (as defined by law) can be tough to prove in many circumstances, but our attorneys are well-versed in the law and are happy to review the facts of your case for free.

 

TO HAVE A VIABLE CASE, THE PATIENT MUST PROVE FOUR THINGS:

  1. The doctor owed the patient a duty of care
  2. The doctor violated the standard of care in treating the patient
  3. The patient suffered a severe, permanent, or compensable injury
  4. The patient’s injury was caused by the doctor’s deviation from the standard of care

When you hear the term “medical malpractice,” you may think it only applied to doctors; however, there are many different types of healthcare providers who are in a position to make a mistake which can injure or even kill.  Any of the following providers can and should be held accountable for their negligent actions which result in serious injury:

  • Doctors
  • Hospitals
  • Nurses
  • Nurse practitioners
  • Therapists
  • Surgery centers
  • Midwives
  • Psychologists
  • Psychiatrists
  • Anesthesiologists
  • Nurse anesthesiologists
  • Physical therapists
  • Lab technicians
  • Nurse aides
  • Nursing assistants
  • Medical spas
  • Walk-in care facilities

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