Many injuries and illnesses could have been cured or prevented if the right treatment was given at the right time. But mistakes happen, and those on the receiving end have to pay the price. The health care professionals that commit mistakes that further harm their patients could be held liable for damages. But holding those that commit malpractice accountable could be a challenging task. Insurance companies and resourceful defense firms work around the clock to protect their clients from paying out just compensation to their victims.
An Irving medical malpractice lawyer could help you understand your legal rights and options. Speak to a seasoned personal injury attorney could advocate on your behalf and help you recover the compensation you need.
Understanding Medical Malpractice
Medical malpractice occurs when a physician, doctor, or other health care professional makes an error, which causes injury or illness to their patient. What constitutes a medical error in the eyes of medical malpractice is determined by the medical standard of care.
People owe others a standard of care to act as reasonably prudent persons under the circumstances. Professionals, such as doctors, owe their patients a heightened medical standard of care. In order to hold a defendant liable, a medical malpractice victim in Irving must prove that the defendant’s doctor deviated from their medical standard of care.
A health care professional deviates from their standard of care if they fail to administer the level of care that an ordinary health care professional would have under a similar situation with the same training, experience, and community. Expert medical witnesses are required to give testimony to prove that a defendant deviated from the standard of care.
For a free legal consultation with a Personal Injury lawyer serving Irving, call (817) 775-5364
Filing a Medical Error Claim
Medical malpractice cases share some universal components that must be present in order to bring a successful claim.
The following are among the basic requirements necessary to bring a medical malpractice case:
- Doctor-patient relationship
- Deviation from the standard of care
- The deviation caused the plaintiff’s injury or illness
- The injury or illness may be compensated by specific damages
If no doctor-patient relationship exists at the time of the injury or illness, the plaintiff might not be able to hold the defendant liable. If the injury occurred prior to or after the doctor treated the plaintiff, unless an exception applies, it would be difficult to prove that the doctor owed a duty of care with respect to the injury.
Also, the health care provider’s deviation must cause the plaintiff’s injuries. For example, if a doctor treats a patient for the flu, then months later the patient suffers from an entirely different illness with no relation to the doctor’s treatment, they would not be able to seek damages against the doctor for malpractice.
Filing Requirements
There are also some additional requirements that must be met in order to bring a medical malpractice claim in Irving. Texas Civil Practice & Remedies Code §74.051 sets forth a notice requirement that injured patients must comply with. The statute requires that prior to filing a medical malpractice claim, injured patients must provide written notice of their intent to sue to the defendant health care providers at least 60 days before filing.
Another procedure requires plaintiffs to serve an expert report on the defendants within 120 days of filing the case. Expert reports provide an opinion by an expert that outlines how the defendant deviated from the standard of care, causing the plaintiff’s injuries.
Irving Medical Malpractice Lawyer Near Me (817) 775-5364
Consult an Irving Medical Malpractice Attorney Today
Suffering through an injury or illness could leave you less able to fight for your right to compensation on your own. It might be helpful to seek out the advice and counsel of an Irving medical malpractice lawyer.
With their guidance, you may be eligible to recover compensation for a wide range of damages. To learn more about your options, call today to schedule a consultation.
Call (817) 775-5364 or complete a Free Case Evaluation form
