Civil Justice Warriors

Dallas Medical Malpractice Lawyer

Medical practitioners are among the most distinguished professionals in our society. But with great power comes great responsibility. Medical professionals who are neglectful in providing proper treatment can cause great harm to those who need them most. When the negligent treatment of a patient causes injury, the victim can bring a medical malpractice claim against the provider.

If you or a loved one have been seriously injured as a result of a preventable medical error, please, contact our firm today.

Regardless of the intent that the provider may have had, they need to be held accountable when their lack of care causes a patient harm. Because of the impact on a victim’s health, a medical malpractice injury can forever alter the livelihood of a patient: physically, financially, and emotionally.

Medical malpractice cases can be quite complex and are often referred to as the “battle of the experts” due to the particularities of medical evidence needed to prove the professional’s care was subpar. Our firm has a proven track record of successfully fighting for our victims and helping them to gain the greatest compensation available. Contact Mathias Raphael PLLC Accident & Injury Lawyers today for your free consultation with our Dallas Medical Malpractice Lawyers.

What Qualifies As A Medical Malpractice Claim?

Medical errors happen all the time, but medical malpractice is specifically caused by the provider failing to offer the standard of care that a medical professional would be expected to provide in the same circumstance. Some examples in which medical malpractice can occur include diagnosis, drug administration, health management, therapy, and follow-up.

Below are three common types of medical malpractice claims:

  • Failure to Diagnose. A failure to diagnose when a provider erroneously misdiagnoses a patient or fails to diagnose a patient at all despite signs that are consistent with the patient having a certain illness. Misdiagnosis can lead both to injury in failing to immediately treat the patient and even more severe consequences if the patient is given a treatment that is a contraindication to the true diagnosis.
  • Improper Treatment. A provider may correctly diagnose a patient but administer a treatment that is against the standard of care or not proper given the patient’s comorbidities. Improper treatments can occur at any time throughout the care of the patient.
  • Failure to Warn of Known Risk. Providers are required to provide patients with any material information that could influence whether or not to continue with a treatment or procedure. If a provider fails to properly consult a patient with the benefits and risks that causes injury the patient was oblivious to, then he/she fails to properly give the patient informed consent and can be found negligent.

Requirements For Medical Malpractice Claims

As previously mentioned, medical malpractice claims can be quite difficult to prove given the complexity of medicine. A provider is not necessarily liable just because harm occurred. Certain elements must be met in order for a provider to be found negligent. Two material elements include the establishment of the doctor-patient relationship, negligence, and injury.

The Establishment of a Provider-Patient Relationship

Some patients can have as many as 100 providers involved in their care while at a medical institution. However, not every provider involved in the treatment of a patient establishes a provider-patient relationship. Some providers may be ancillary to the actual care that patient is given

While the definition of a provider-patient relationship can be contentious in litigation, there are obvious signs of evidence that can be used to prove that the relationship was established. Notes in medical charts, signed forms, and billing records can be blatant signs of an established relationship.

Actual Negligence Must Occur

A medical malpractice claim can’t be brought just because a provider refuses to provide you with a certain form of treatment. To prove that actual negligence occurred, the provider must act in a way that is below the standard of care of a similar professional. In particular, medical professionals are held to an elevated standard than an ordinary person. The standard of care is what a similar provider in the profession would give under the same set of circumstances experienced by the victim.

The Provider’s Negligence Must Result in Injury

A provider’s negligence is not enough to bring a medical malpractice claim. An injury has to occur as a result of the negligence of the provider. The extent of the injuries will determine how much a victim can seek as restitution for their injuries.

Proving that negligence caused an injury is more difficult than it may seem. Many patients have complicated conditions or pre-existing conditions that defensive providers will often point to as a defense to say the patient was injured due to natural causes rather than the negligence on the provider’s part. That is why these cases can often involve many medical professionals who will testify as to what the standard of care is and whether the provider’s actions could plausibly lead to injury.

Because of these defenses, establishing a strong case from the get-go is critical to success. Many cases often will not actually go to trial because the cost of medical professionals is too much and providers do not want to be taken away from their day-to-day by having to be in trial. A strong established case by a qualified professional can lead to a settlement offer with a much larger amount if taken seriously upfront.

Injuries that can be used to claim damages include:

  • Permanent physical pain
  • Mental distress
  • Pain and suffering
  • Lost wages

Examples of Common Medical Malpractice claims

The following are some examples of common medical malpractice claims

  • Misdiagnoses
  • Improper or unnecessary procedure
  • Immature discharge
  • Failure to order proper medical tests
  • Failure to follow-up on treatment
  • Giving an incorrect dosage or improper medication
  • Leaving foreign objects inside a patient
  • Performing surgery on the wrong limb or side of the body
  • Improper sterile technique leading to infection
  • Negligence leading to pressure ulcers or bed sores

Our Dallas medical malpractice attorneys also have extensive experience handling birth injury, spinal cord injuries, defective hernia mesh, and more.

Talk to our Dallas Medical Malpractice Lawyers today

Medical malpractice claims can lead to a high amount of medical expenses and can lead to even greater financial distress in the future. Given the complexity of these cases, proper representation is important to get the highest compensation that you deserve. Contact our Dallas Medical Malpractice lawyers today for a free consultation so that we can make sure that you are provided justice for the unnecessary pain and suffering caused by negligent medical professionals.