Were You Injured Due To Your Doctor’s Negligence?
10 May 2015No Comments
If you have never heard of the term medical malpractice, it does not mean that you do not know the meaning. Medical malpractice is used to describe a situation where a patient is injured or harmed due to the negligence of their healthcare professional. The doctor will usually not deliver the proper care to the patient and this results in the patient suffering from problems such as infection, injury, loss of a limb, or even death.
If you have been a victim of medical malpractice, hire experienced Pleasanton, Texas attorneys to help you fight back.
Will I Always Have a Claim?
No. Unfortunately, not everyone who thinks they have a claim and not everyone who was injured has a claim. One of the most important things to realize about a medical malpractice case is that you must prove that the doctor acted outside of his scope of care or that the doctor knew his or her actions would result in harm.
You do need to meet a few requirements before you can even file suit and they include:
- There was a patient-doctor relationship
- The doctor’s irresponsibility and negligence caused the patient’s injury
- The doctor was indeed negligent
- The injury caused problems to the patient such as a disability which renders the patient unable to work
Malpractice Is Not Always Easy to Prove
It can be extremely difficult for a patient to prove that the doctor was negligent or that the doctor’s negligence actually caused the injuries. If a patient is injured during a surgery, but the doctor did not act negligently and the injuries were just the result of the operation, then no negligence took place.
When you file a negligence suit, you must show the doctor’s actions made him or her negligent in your care or diagnosing your condition. The same goes with your injuries. The injuries you received cannot just be a side effect of the elected surgery and they must have been caused by negligence on the doctor’s part.
What Constitutes Medical Malpractice?
There are a number of different instances that can be considered medical malpractice including:
- Improper diagnosis or surgery
- Wrong treatment
- Failure to diagnose a condition
- Failure to act in the patient’s best interest
- Not warning the patient of the risks
- Death resulting from negligence
- Improper prescription doses or the wrong medication
Your Medical Malpractice Claim
If you believe you have a medical malpractice claim, you should speak with a professional right away. Your attorney will be able to guide you and direct you as to what you need to do. It is always a good idea to speak with your doctor first to learn more about what they think happened during the procedure and if there is any way that the situation can be rectified.
If the doctor is not willing to work with you or discuss your medical condition with you any longer, you will need to begin gathering evidence and receive a second diagnosis to try and establish fault of the other doctor.
You will want to work with your attorney as you cannot just file a claim whenever you want and you need to do it within the statute of limitations within Texas. Once you have filed the claim, you and your attorneys can work to begin forming the case.
Don’t ever allow a doctor to get away with medical malpractice. He or she has a duty to you and you deserve to be treated fairly and correctly without the worry of long-lasting disabilities. Hire experienced Pleasanton, Texas attorneys today and fight back.