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Medical Negligence Explained

Doctors, like drivers, must adhere to a duty of care that is called the “medical standard of care,” which is usually defined as the level and type of treatment that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have given under the circumstances that led to the malpractice.

When a doctor, dentist, nurse, surgeon, or any other medical professional perform their duty in a manner that goes against the recognized medical practice of care, this is known as medical negligence. If a doctor fails to follow accepted medical standards under the circumstances and provides a treatment that is below par when compared to other doctors, he or she has neglected to do his or her duty. To arrange a free consultation about bringing a medical negligence or medical malpractice claim, call Texas Personal Injury Lawyers immediately.

How Do I Make A Medical Negligence Claim?

We must show that you have been injured or that your condition has gotten a lot worse as a result of negligent medical care to be eligible for compensation.

What Evidence Is Needed To Prove Medical Negligence?

  • Medical records can provide evidence to back up your claim. (This will include all x-rays, ultrasounds, and other imaging tests)
  • When the accident occurred, photographs might be useful in showing medical negligence that resulted in your injury.
  • A detailed statement from you

You may also enlist the help of family members and friends as witnesses for your accident or sickness. Other evidentiary sources will include independent medical experts, who we’ll instruct to write up a case study on your treatment and the resulting medical condition. The medical profession will be questioned about the quality of your treatment and whether the resulting injury or sickness was more than likely due to it. 

We will get you seen by a medical expert to report on your condition and when you are likely to recover fully once we have evidence from a medical expert that the treatment you received was insufficient. Many patients find this beneficial when dealing with their illness and gaining access to further treatment and therapy. We have established connections with a number of well-known and well-respected independent experts who are specialists in their fields.

Will I Need To Go To Court With My Medical Negligence Claim?


A majority of medical negligence claims are settled out of court. Only the more complicated cases go to court, however. We’ll assist you throughout the legal procedure if your case goes to trial. Many clients are surprised at how laid-back the courtroom is compared to what they had imagined.

Is There A Limit On The Time Span For Medical Negligence Claims?


In most circumstances, you have two years from the date on which your injury was linked to a medical mistake in order to bring a medical negligence claim. There are, however, certain exceptions to this rule.

Will It Affect My Treatment When I file For A Medical Negligence Claim?


Claims shouldn’t influence your treatment and it’s unusual for our clients to believe their claims have been affected. We’ll always be happy to help you if you have questions regarding this. If you believe you were the victim of medical negligence and are still in need of care, we’ll advise you on your rights and, if necessary, suggest transferring your treatment to another hospital.

How Long Do Medical Negligence Cases Last To Be Resolved?


We strive to complete claims as quickly as feasible while also making sure you receive the compensation you deserve. The length of time it will take is determined by what occurred in your scenario.

How Can Pressure Sores Be Caused By Medical Negligence?


Pressure sores can occur as a result of or get worse due to negligence:

  • A person remains in the same position for too long
  • The patient isn’t provided with a suitable bed
  • Staff don’t correctly clean or dress wounds
  • Staff fail to spot a pressure sore developing and take action to avoid it

What Are the Most Common Surgery Errors?


We handle a wide range of clinical and surgical malpractice claims. Some of the most frequent examples include:

  • Failures to diagnose appendicitis
  • Failures to diagnose ectopic pregnancy
  • Perforation of the bowel during abnormal pregnancy
  • Hemorrhage after gynaecological surgery
  • Wrong size prosthesis being used in surgery e.g. knee or hip joint
  • Damage to the bile duct following gall bladder surgery

Is It Necessary To Get A Medical Exam If I Make A Negligence Claim?


It’s probable that you’ll need to see a specialist doctor in order to assess the severity of any harm or injury you’ve received as a result of medical negligence. It’s critical to get the expert view of another medical professional while making your claim.

Is It Possible To Bring A Medical Negligence Claim On Behalf Of A Minor?


Parents or guardians can file medical negligence claims on behalf of their children. We’ve handled a lot of claims for kids, so we’ll walk you through how the claim will progress and other things like time limits.

What Types Of Cerebral Palsy Are Caused by Medical Negligence?


A brain hemorrhage or lack of oxygen to a child’s brain can result from substandard care during labor or delivery, causing cerebral palsy. If cerebral palsy is diagnosed late because of a brain infection, it may be caused.

What Is "Causation" In Medical Negligence?

Causation is a legal term that simply refers to the degree of damage caused by negligent treatment. For example, if you’ve had a pressure ulcer that has progressed to severe tissue damage and the delay in diagnosis or the intensity of therapy indicates causation.

What Can I Do To Help? 

You can enhance your claim by gathering as much information as possible about your treatment and injuries/illnesses, starting with the first time you realized you had received negligent medical care. Keeping records of medical appointments, including the treatment received and advice given, is an example of this. Keeping receipts and invoices for all costs you’ve incurred as a result of the negligent treatment will assist us in calculating your claim’s worth.

The following are some of the potential costs you may encounter:

  • Travel expenses for medical appointments
  • Time off work and an estimated loss of earnings
  • The cost of private treatment and therapy
  • Equipment and aids to help you to move around your home or out in public, such as a wheelchair, walking sticks, or grab rails.

We’ll include all of your relevant costs when determining how much compensation you may receive.

Our Team Strives To Maximize Your Compensation While Reducing Stress For You

Our attorneys will work with you to fully comprehend your situation, advise you of your rights to compensation, acquire the appropriate evidence, and pursue your medical negligence case on your behalf if you or a loved one has been harmed while under the care of a medical professional.

We aren’t afraid to take on huge and complicated matters. We don’t strive to win for our own sake; we strive to win for yours. Whether your lawsuit is complicated or not, you can trust that a team of legal professionals will fight for you with integrity and professionalism.

We have a lawyer near you to take care of your case if you are hurt as a result of medical negligence in Texas. Each attorney has the backing and support of a statewide network to ensure that you receive the greatest possible compensation.

Lawyer Fees

We understand how an accident’s financial consequences can be catastrophic. As a result, having to pay legal fees should not prevent you from obtaining compensation for someone else’s negligence. Individuals who have legitimate claims should be able to obtain justice. That’s why, being among the law firms that offer No Win – No Fee* service, we are able to provide clients with access to justice faster.

If you do not collect any money because your lawsuit is unsuccessful, you will not pay any of our legal costs. If your case ends favorably, we’ll get paid for the legal work we’ve done on your behalf. Our rates are never a percentage of the compensation you get; we get compensated only for the work we do on your case.

What To Expect

Each medical negligence scenario is unique in terms of medical information and legal ramifications. However, there is generally a set of procedures that must be completed throughout the lifespan of each case. Our team of experienced medical negligence attorneys will assist you through each of these stages to obtain the finest possible result for your situation.

Get In Touch With Us

We’ll offer you advice so you can make an informed decision about the best course of action for you, and we’ll set up your free initial consultation.

Meet With Your Lawyer

This gives you the chance to share your experience and learn more about the alternatives open to you.

We’ll Obtain And Review Medical Evidence

We’ll get your medical documents to learn more about your condition and how it has affected your life.

  • We’ll Obtain Expert Evidence

It’s usually necessary to submit a medical report from an expert who examines the standard of care you received.

  • We’ll File Court Documents

If our research corroborates your case, we will then file litigation on your behalf.

  • Resolution Of Your Case

Medical negligence lawsuits are frequently resolved without the need for a trial at settlement conferences. In very uncommon circumstances, the parties are unable to come to an agreement, and the case is scheduled for trial. It is entirely your decision whether we go to trial in your case.

Contact Texas Personal Injury Lawyers

Our expertise at Texas Personal Injury Lawyers means that your medical negligence claim will be handled promptly and knowledgeably. 

Call us at (888) 997-2148 now for you free consultation.

We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.