On behalf of Hastings Law Firm P.C. posted in Doctor Errors on Tuesday, June 28, 2016.
Texas residents who feel they have received substandard medical care may be unsure whether they have viable claims for monetary damages. There are some broad characteristics that must be met in order to establish grounds for commencing a medical malpractice claim. It typically best to consult with an attorney before proceeding.
Health care professionals must adhere to recognized medical standards, and patients are entitled to expect to be treated appropriately. Substandard health care typically constitutes negligence. The negligence documented must have caused serious injury or harm to the patient. Injury and negligence go hand-in-hand, and in most circumstances, both are required to establish medical malpractice.
Some claims arise from a doctor’s failure to obtain informed consent from the patient. Patients have the right to be fully informed about intended procedures, the risks involved and the available alternatives. Even if the procedure turned out to be successful, if it was done without the patient’s consent, it can lead to a lawsuit if harm is caused.
Individuals who believe they have been victimized by a doctor who deviated from the quality of care that a competent doctor would provide in a similar situation have every right to consult an experienced Texas medical malpractice attorney. A lawyer can assess the allegations and gather relevant evidence, including medical records and reports that may not be readily available to the patient. If legal grounds for a monetary claim exist, the lawyer can pursue recovery of financial losses in civil court. Many such claims are ultimately settled prior to trial.
Source: medicalnewstoday.com, “What is medical malpractice?”, Christian Nordqvist, June 26, 2016