As a patient, you likely place all your trust in a healthcare provider to properly treat your illness or injury. So it is disappointing when your illness or injury does nothing but decline. What’s worse is if your loved one suffered a wrongful death due to the negligent hands of a healthcare provider. Circumstances like these may constitute legal action. Continue reading to learn whether you can sue for medical malpractice and how an experienced Kaufman County, Texas wrongful death lawyer at Harrell & Paulson, LLP can help you determine a valuable legal strategy.
Under What Circumstances Can I Sue for Medical Malpractice in The State of Texas?
Put simply, you may sue a healthcare provider for medical malpractice if they exhibited any signs of negligence during your treatment plan. The most common examples seen throughout the state of Texas are as follows:
A healthcare provider may operate on the wrong part of the body or leave a surgical instrument or sponge in your body.
A healthcare provider may administer the wrong dosage of anesthesia to you during your operation.
A healthcare provider may administer the wrong type or wrong dosage of prescription medication to you.
A healthcare provider may misdiagnosis or otherwise delay the diagnosis of your illness or injury.
A healthcare provider may fail to order or evaluate the necessary test results for your illness or injury.
A healthcare provider may fail to consult with a medical specialist regarding your illness or injury when necessary.
What Elements Do I Have to Prove for My Claim?
As the plaintiff of a medical malpractice claim, you hold a burden of proof. That is, you must tie your injuries and damages directly to a healthcare provider’s negligence. For this, you must supply proof that points to the following elements as true:
You were the patient of the healthcare provider in question; and with this doctor-patient relationship, they owed you a duty of care.
The healthcare provider in question failed to perform at the standard established by the medical community; and with this failure, they breached their duty of care.
The healthcare provider’s breach of care directly resulted in the worsening of your illness or injury.
The worsening of your illness or injury directly resulted in your physical, emotional, and financial damages.
Proof that points to these aforementioned elements may be in the form of photos and videos of your injuries and damages; medical records and bills pertaining to your illness or injury; testimonies made by the healthcare provider’s colleagues or employer; and more.
At the end of the day, if you are suffering from injuries and damages that you cannot recover from alone, you need a skilled Kaufman, Texas personal injury attorney by your side. Contact Harrell & Paulson, LLP to retain our services today.
