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Medical Malpractice

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 healthcare professional was medically negligent in providing care or treatment to you, and that you suffered personal injury 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.

There are many examples of medical malpractice cases. Most often, when we hear these types of cases, we think of surgical errors. However, even simple medical errors such as misdiagnosis, wrong prescriptions, and mistakes in procedures fall under these types.

In United States, there are about 12 million adults who are misdiagnosed, according to a CBS News article. Most of these misdiagnoses are from out-patient care. There are also incidents of medical professionals giving the wrong prescription that ended up with the patient’s death.

 

These types of malpractice suits can be filed by the victim of medical malpractice or their loved ones, especially if it results to wrongful death. A plaintiff has to file their claim within two years from when the incident occurred.

 

Medical malpractice cases in the state of Texas can be a challenge, thanks to the 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 medical malpractice lawyers in Houston are simply unable to help with your potential claim. Medical malpractice (as defined by law) can be tough to prove in many circumstances. Thus, it’s important that you find medical malpractice attorneys that are well-versed and well-experienced in medical malpractice laws.

 

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 medical 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
  • Surgery centers
  • Midwives
  • Psychologists
  • Psychiatrists
  • Anesthesiologists
  • Nurse anesthesiologists
  • Physical therapists
  • Lab technicians
  • Nurse aides
  • Nursing assistants
  • Medical spas
  • Walk-in care facilities

 

 

As mentioned, a victim of medical malpractice only has two years before the statute of limitations is up. It’s important that you immediately talk to a trusted medical malpractice attorney to start the process.

If you or a loved one suffered serious injury as the result of a possible medical malpractice, consult Roxell Richards and Associates immediately. Call and speak to one of our attorneys now directly at 1-855-GOT-INJURED. Roxell Richards is a highly successful law office with a proven track record of successfully taking on insurance companies.

 

Most plaintiffs are concerned with the high amount of legal fees to pursue any legal action. There’s no need to worry It’s a good thing that Roxell Richards Law Firm accepts payment on a contingency fee basis. Unless your case is won, you won’t have to pay.

Call us today at our local phone number (713) 974-0388 or via our toll-free number 1-855-GOT-INJURED. Give us all the details such as your medical records and we will review your case for FREE!