Your doctor isn't just an average service provider. You trust your physician to act as an ally in your health and wellness. Their actions and decisions can largely determine your health through the quality of care. However, there are doctors who aren't necessarily deserving of your trust, and through a lack of attention to detail or inadequate skills, they botch medical diagnoses and procedures. When that happens, there's, fortunately, a legal remedy provided in the form of personal injury law and, specifically, medical malpractice claims. If you think you've been a victim of medical malpractice, your first step should be to consult with a personal injury attorney in East Texas who can help you determine your path to justice.
The best personal injury attorney in East Texas is an ally in your fight for justice when you've been a victim of medical malpractice. But what is medical malpractice law, and how does one start a claim? These questions and many more are common among those who seek legal assistance in the wake of medical malpractice and misdiagnosis. Keep reading to see the answers to these questions and many more.
What Is Medical Malpractice?
Medical malpractice is a concept that arises when a medical professional in some way breaches the standard of care that's widely agreed upon in the field of medicine. While doctors are human and sometimes make errors in judgment, a medical malpractice claim is founded on the belief that the physician took a nonstandard approach or did something unreasonable that other doctors wouldn't have done in the course of medical practice. If this unreasonable action causes injury to a patient, then medical malpractice may be claimed.
How Do You File a Claim?
Given the complexity of medical malpractice law, the first step a victim should take is to consult with a personal injury or medical malpractice attorney. Most attorneys offer free consultations and work on a contingency basis, meaning you won't pay fees up front to get advice about your case and pursue a claim if one is warranted. The attorney will review any documentation and evidence pertaining to the case and advise you what to do next. If your case is well-founded, your attorney will prepare a statement of intent to file a claim and assemble the required paperwork to notify the court and offending party.
What's the Standard of Proof for Medical Malpractice?
When filing a medical malpractice claim, there are a few criteria that are usually met in successfully tried cases. First, you must prove there was a doctor-patient relationship. Second, you must be able to prove there was negligence on the part of the physician. That often requires submission of medical records and testimony from other similarly credentialed physicians who can attest that the offending doctor's actions were out of standard or unreasonable. Next, you must be able to prove through documentation that your injury was the result of the negligent action. Finally, you must provide proof of damages to the jury.
Is Every Bad Outcome Medical Malpractice?
Simply put, no. Not every adverse outcome stemming from medical treatment can be labeled as medical malpractice. The injury must have occurred as a direct result of your physician deviating from the standard of care and providing substandard treatment. It can also result from missed diagnosis if it can be proven that a condition was missed, or the physician made a nonstandard diagnosis due to inattention or incompetence.
If you feel like the actions of your physician compromised your health and caused injury, you should immediately consult with a medical malpractice attorney in East Texas to get advice regarding your case. You may be entitled to damages for misdiagnosis or malpractice. To learn more about medical malpractice and misdiagnosis suits, contact Jon L. Anderson Law Office at (936) 634-1414.