How to Know When You Have a Valid Medical Malpractice Claim

If a medical professional’s negligent action or inaction causes a patient harm, it could result in a medical malpractice claim. Despite the best efforts of competent doctors, some patients fail to thrive or even die. Malpractice refers to a type of personal injury claim, and this injury has to get proven.

To prove that the incident was really malpractice, all of these things have to get proven:

• Doctor-patient relationship: It’s important to prove that the medical professional had a direct relationship with the patient. For example, taking casual medical advice from a nurse or doctor at a social activity would not count.
• Negligence: It’s critical to demonstrate that the medical professional did not provide reasonable and competent care. A medical expert may need to evaluate a case to determine if it met a reasonable standard of care, and this might need to get demonstrated in court.
• Injury as a result of negligence: Not only does a plaintiff need to prove negligence, he or she also needs to prove that the inappropriate action or inaction cased harm. For example, if a patient already has cancer, it might be hard to prove that one particular act caused death or progression of the disease.
• Specific damages as a result of negligence: Even if a plaintiff can demonstrate that a medical professional acted negligently, he or she needs to prove some actual harm. Some examples of harm might include physical or emotional pain, additional medical costs, or lost wages.

The State of Texas does limit the amount of time that patients have to file a case. Typically, the clock starts to run as soon as the injury occurs or when a course of treatment ends. Even patients who have a provable medical malpractice case may be out of luck if too much time passes. That’s why it’s important to research these kinds of personal injury cases as quickly as possible. People who believe that they or a loved one has suffered an injury or death because a doctor or other medical professional didn’t do a good job need to act as promptly as possible.

Discuss the Merits of Your Case With North Texas Medical Malpractice Lawyers

The best way to be certain that your medical malpractice claims have merit is to discuss them with the experienced attorneys at R.E. Lopez & Associates. You are very welcome to call or fill out the contact form to discuss a free consultation with an experienced lawyer in the Dallas-Fort Worth area.

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm