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A doctor’s level of care and skill is often one of the biggest factors in how your treatment will turn out. Doctors require years of training and certification to get their licenses, but the fact that they have their license does not mean that they actively put the proper effort and care into their duties as a physician, and patients often feel the effects of negligence and malpractice when a doctor makes a mistake.
If you or a loved one was injured because of a doctor’s errors or mistakes, contact The Queenan Law Firm today. Our Houston, Texas doctor negligence attorneys represent victims of medical mistakes and medical malpractice, and we fight to get them compensation for their injuries and their additional healthcare needs. For a free legal consultation on your case, call us today at (817) 476-1797.
Examples of Medical Negligence in Texas
In personal injury cases, “negligence” is a failure to fulfill a legal duty. In cases where this negligence results in someone’s injuries, the victim or their family can usually sue the at-fault party. In medical malpractice cases, a doctor’s negligence usually occurs because they failed to provide the patient with proper care.
Medical negligence can take many forms. In surgery cases, mistakes like cutting too deep or nicking a nerve or an artery are often clear examples of negligence, but medical malpractice can be more subtle as well.
Failing to properly diagnose a patient is one of the most common examples of medical negligence. Sometimes conditions can be difficult to diagnose, but if a doctor failed to order the proper tests, failed to make the proper conclusion based on known signs and symptoms, or failed to refer you to a specialist, they may be responsible for failing to diagnose you. In cases where a doctor makes a diagnosis that they should not have, they could be responsible for their misdiagnosis. In these cases, your condition might go untreated – and it might get worse. If you start receiving unnecessary treatment, you could face adverse health consequences from that as well.
Other procedures can also involve negligence. As mentioned, surgical errors can involve nicked arteries and nerves and other issues with scalpels, but they can also involve other types of harm. Objects left inside the patient during surgery, surgeries on the wrong body parts, performing the wrong surgery, and performing surgery on the wrong patient are extreme examples of doctor negligence. You could also face injuries from mistakes and errors in the way a doctor delivers a baby or provides other healthcare.
Proving Medical Negligence in Houston, Texas Malpractice Cases
If your doctor provided sub-par care, it is possible they were negligent. However, to get compensation and win a lawsuit against them for their negligence, you must be able to prove that negligence. The fact that you were injured or the fact that you suffered a bad outcome with your medical care is not in itself enough evidence that your doctor was negligent; you must also prove that the doctor’s care fell below applicable standards before the court can rule in your favor.
The standards that a doctor is held to are based on what a “reasonable” physician would do in the same situation. This is supposed to be an objective standard that other doctors who perform the same kind of care in the same community could agree upon if they were asked about it. This kind of analysis looks at what the doctor should do and what kind of care they should provide rather than using hindsight to see the doctor’s errors.
To prove that your doctor’s care was negligent, you must prove to a jury that the care you received fell below the standard of care. This is usually done by presenting evidence of what your doctor did and hiring a medical expert to testify as to how those decisions or mistakes were wrong for your care. Your doctor will typically have their own expert testify as well, and the jury will be asked to decide whether the doctor was negligent or not based on the evidence and arguments they heard at trial.
Your attorney can represent you in your case, present evidence to help prove the doctor’s negligence, and use a medical expert who can explain to the jury what your doctor did wrong and how it falls below the standard of care in your case.
Damages for Injuries Caused by a Doctor’s Negligence
If your doctor provided you with negligent care, you may need additional care to treat your condition or repair the harm they did. This could be expensive and justify damages for the medical care costs you incurred. If your condition gets worse and you end up missing work or being unable to work, your negligent physician should also be responsible for these lost wages. Many cases of negligent medical care also result in serious pain and suffering for the patient, which the court can also order the doctor to pay for.
Other damages for the lost chance of recovery or damages for the death of a loved one can also be substantial. Always talk to a lawyer about what your case is worth and what damages you can claim before accepting any money or settlements for your malpractice case.
Call Our Houston Lawyer for Injuries Caused by Negligent Physicians
If you or a loved one received care from a negligent doctor in the Houston area, call The Queenan Law Firm today to set up a free legal consultation. Our Houston, Texas doctor negligence attorneys represent victims of healthcare mistakes and medical malpractice and fight to get them compensation for the injuries and expenses the negligent care cost them. For a free legal consultation on your potential case, call us today at (817) 476-1797.