Houston Medical Malpractice Lawyer

Medical malpractice cases involve either medical professionals who were either acting wrongfully or failing to properly act (ignoring a patient or not giving treatment despite existing medical standards) at all towards their patient.

And these failures constitute medical errors. In fact, Medical News Today outlines these errors into several categories.

Also, medical errors can present themselves in a variety of ways. And one type of error could be giving the wrong diagnosis to a patient. For example, if a victim of a car accident suffering from whiplash injuries was not properly diagnosed for whiplash. And then further suffered injuries as a result, then that patient could file a medical malpractice lawsuit.

Also, another type of medical error would be prescribing the wrong medication or giving the incorrect dosage to a patient. For example, if a victim of a dog bite received the wrong vaccine dosage for anti-rabies treatment. And another example would be if a child injury victim is given medication that is meant for adults and not for children.

Another example of a medical error would be failing to order the correct laboratory tests to confirm a patient’s diagnosis. Also, failing to properly act on the laboratory test results. And this was illustrated in the second scenario that we cited wherein the lab test results of the patient revealed that the person has cancer. In fact, this information was readily available to the doctor. But did not disclose the ailment to the patient and did not recommend treatment options as well.

Also, there are medical errors in surgical issues. And these could include failure to conduct the correct surgical procedure on the patient, operating on the wrong body organ, or negligently leaving things inside the patient’s body. For example, a victim of a construction accident receives an incorrect surgical procedure. As a result, the victim is unable to work because of the injuries and that person could sue for medical malpractice.

All of these medical errors lead to pain or further complications, causing the patient physical and personal injuries. As such, these errors could also be considered as medical malpractice.

Stories about medical malpractice seem downright horrifying. You might even wonder if these things actually happen when we are already living in the 21st century. Sadly, medical malpractice does exist. In fact, it might be even more common than you think.

A John Hopkins study conducted in 2016 reports that medical malpractice is the “third leading cause of death” in the United States of America. According to the said research, more than 250,000 fatalities are from medical malpractice each year. The number of these wrongful deaths is way much higher than those who pass away from respiratory disease. The Center for Disease Control and Prevention ranks the illness as the third cause of death in the U.S., but the John Hopkins study reveals medical malpractice could be much deadlier.

Medical malpractice is actually a type of negligence provided by the law. Negligence is a failure to adhere to a standard of care. And this is by which a reasonable person with the same training and profession should properly act when facing the same situation.

By this definition, medical malpractice falls under the umbrella of negligence. As it refers to a medical professional’s action or lack of action that fails to meet existing standards of care. Medical negligence stems from a professional’s breach of duty to adhere to existing standards of care. And this led to a patient sustaining injuries as a result.

Medical malpractice is a tort, which means a wrong has been committed, leading to injury. A tort is under civil law, and the court serves as a venue to recognize the wrong behavior committed and to redress the wrongdoing by awarding compensation for the injuries received by the plaintiff.

Civil law differs from criminal law in this sense, as the latter involves a breach of existing laws.

Medical malpractice is not a criminal act. However, if the medical professional’s actions lead to wrongful death, then file a separate criminal lawsuit for manslaughter.

Negligence involves four elements, and medical malpractice is based on the same grounds as well.

The first element is the establishment of the medical professional’s duty to give the patient the best care and treatment possible. This responsibility is professionally established, meaning it comes into a play when a patient goes to a doctor for medical services.

Entering into this relationship also means that the doctor acknowledges his or her responsibility for duty of care to the patient. Thus, it is important that the plaintiff has proof of the doctor-patient relationship to establish this first element.