Medical Malpractice Lawyers
When a patient is somehow harmed by a medical professional, such as a doctor, who somehow fails at performing or following through with their medical duties, they could be a victim of medical malpractice. However, these cases can quickly become convoluted and can be very difficult to pursue, making it essential that you start working with medical malpractice lawyers as soon as you are able.
How to Prove You Are a Victim of Medical Malpractice?
In order to prove that there was medical malpractice, you will need to be able to show a number of different things. First, you need to show that a doctor-patient relationship existed. This means that you need to have an actual relationship or agreement with the doctor to treat you in some capacity. Most of the time, it is easy to prove this relationship. Confusion can set in when there could be a consulting physician who did not offer direct treatment, only a consultation with another of your doctors.
You also have to be able to prove that the doctor was negligent in some manner. This does not mean that you can sue simply because you are unhappy with the results of their treatment. The treatment needs to have been actually negligent in some manner. Their treatment needs to be “reasonably skillful and careful”. This is one of the things that is the most difficult to prove, and is why you need to have experienced medical malpractice attorneys working with you.
Additionally, you need to be able to show that it was the doctor’s negligence that was the actual cause of the injury. This can also be difficult to prove because in many cases, the patient was already ill or injured. It is imperative to show that the reason for the injury or the death was most likely the result of the doctor’s negligence, and many times, you will need to rely on the testimony of another medical expert for that. Medical malpractice attorneys will be able to find experts who can help you with your case.
The injury needs to have led to actual damages that are specific and that caused harm. Some of the most common types of injuries that patients may suffer due to malpractice include mental anguish, physical pain, lost work and lost earnings, and more medical bills.
What Are the Most Common Types of Medical Malpractice?
While many different things can lead to medical malpractice, the claims will most often fall into one of three categories. The first of these is “failure to diagnose”. This occurs when the doctor does not discover the reason for a patient’s illness when a competent doctor would have been able to find the reason, which would have led to proper treatment.
Another common type of malpractice is “improper treatment”, and this means that the doctor provides treatment for the patient that a competent doctor would not have provided. It could also mean that the doctor chose the correct type of treatment but he or she performed it incompetently.
Doctors need to warn their patients of all known risks for treatments and procedures before they perform them on the patient. This is the duty of informed consent, and if they fail to warn the patient of the risks, the result could be a medical malpractice case.
Get the Help You Need
If you believe that you or a loved one is the victim of medical malpractice, get in touch with an attorney right away. Choose a high quality Houston attorney specializing in the field who can help you with your case from start to finish.