In the US, medical malpractice is the third leading cause of death. Around 250,000 Americans die every year due to medical malpractice cases. Some claim the figure to be as high as 440,000.
Victims of medical malpractice cases can hire a Carrollton civil law attorney to get compensation for the losses. But what exactly is considered medical malpractice according to the law? What are the common types of medical malpractice cases? When should you contact a civil lawyer in Carlton, TX to file a medical malpractice case? You will find the answers to these questions here in this article.
What is Considered a Medical Malpractice According to Law?
Medical malpractice cases occur when the negligent action of healthcare professionals cause injury to a patient. However, not all cases of negligence are considered medical malpractice under the law.
You can hire a Carrollton civil law lawyer if a negligence case has the following three characteristics.
a. Negligence by Resulted in an Injury
You can contact a Carrollton civil law attorney for medical malpractice if the following two conditions are met:
- If healthcare staffacted negligently
- If the negligent action resulted in an injury
In other words, a medical malpractice case arises when the negligent action of medical personnel results in an injury. It’s not sufficient that the healthcare professional acted negligently in providing care. To claim compensation for medical malpractice, a patient must prove that the negligent action of the medical staff resulted in a serious injury.
b. Failure to Provide Standard of Care
Every medical professional is required to provide a standard of care. There are certain standards that health care professionals must meet when providing patient care. They are required to provide reasonably acceptable care to patients.
Patients have the right to receive a standard of care by the healthcare professional. You can contact a Carrollton civil law attorney for a medical malpractice case only if it’s determined that the medical professional did not provide a standard of care expected in a given situation.
c. Injury Causes Significant Losses
The third important criteria for a medical malpractice case is that the injury should result in significant losses. Medical malpractice cases incur a lot of costs. They require testimony from different experts and hours of out-of-court interviews. So, compensatory damages should be more than the cost of fighting a medical malpractice case.
In case the damage is not significant, the cost of the case will be more than the recovery. In order to pursue a medical malpractice case, the victim must show that the negligent action of the medical staff resulted in significant loss of income, disability, medical bills, physical or emotional pain.
Types of Medical Practice Cases
Now that you know what exactly constitutes a medical malpractice case, let’s now find out situations in which you can hire a Carrollton civil law attorney to claim compensation for negligence of medical staff.
A lot of medical malpractice cases are due to misdiagnosis by a physician. This happens when the healthcare personnel fail to diagnose the right illness.
For instance, a doctor may incorrectly diagnose a simple cough as bronchitis or asthma and prescribe the wrong medications. Also, a doctor may say that the person is not suffering from any illness when in fact an illness is present. These can be the bases of a medical malpractice case for which you should contact a civil lawyer in Carrollton, TX.
2. Errors in Prescribing Medications
Every year about 1.3 million people get seriously injured and hundreds die due to errors in prescribing medications. Medication errors can occur in different ways. For instance, your doctor might prescribe the wrong medication or the wrong combination of medications or the wrong dosage.
Nurses and pharmacists may also commit errors by wrong administration of medication or being negligent when filling a prescription. These errors can result in serious adverse effects for patients who can sue the guilty party for negligence.
3. Injuries During Childbirth
Another common basis of a medical malpractice case is injuries during childbirth. Negligent actions of the healthcare staff can result in injuries to the child during delivery. Some of the common childbirth injuries that result due to negligent behavior of medical staff include the following.
- Cerebral palsy
- Full or partial paralysis
- Fracture of bones
- Nerve damage
- Pulmonary hypertension
Medical malpractice case arises if the above conditions were caused due to negligent action of the medical professional. If a doctor or the nurse failed to take proper steps that results in childbirth injuries, it can be the basis of a medical malpractice case. You can contact a Carrollton civil law lawyer to file a malpractice lawsuit in court for injuries duringchildbirth.
4. Anesthesia Mistakes
Mistakes in administrating anesthesia happen relatively infrequently. However, they can result in serious injuries. Negligence in administering anesthesia can result in brain damage, temporary or permanent disability, and even death.
Generally, errors are committed by anesthesiologists when they neglect to investigate the medical history of the patient. Also, they may fail to inform the patient about preoperative precautions like not eating after midnight before surgery.
Other common anesthesia mistakes include being negligent in monitoring vital signs of patients, improperly putting a tube in the trachea, and using faulty equipment. All of these can be a basis for a medical malpractice case.
5. Surgical Errors
Surgeons are expected to take great care when performing an operation. Errors during surgery can lead to serious injury. The most common surgical errors that lead to a medical practice case involve the spine and the gastrointestinal tract. These can result in disability, disfigurement, and even death.
6. Faulty Medical Product
Healthcare professionals are not the only one who can be liable for medical malpractice. Patients who suffer an injury due to a defective medical product can sue the company to get compensation for the losses.
Defective medical products that do not work properly could result in injury to patients. For instance, a defect in IVC filters can result in blood to travel through the bloodstream resulting in serious injury and death in some cases.
A patient’s medical condition may worsen due to using a faulty medical product. In case the manufacturerwas aware should have been aware about the defect, the victim can bring a malpractice case to get compensation.
All the above can be a basis for a medical malpractice case. If you or someone you know has suffered due to negligent actions of medical staff, you should contact a Carrollton civil law attorney to get rightful compensation for the losses.
Why Contact a Professional Civil Lawyer in Carrollton, TX?
A professional civil attorney who specializes in malpractice cases can provide expert advice that can help in getting the most favorable court outcome. The attorney can look at the facts and interview experts to determine whether there is a case for medical malpractice.
In case medical malpractice has occurred, hiring a civil law lawyer will help in getting the maximum possible compensation. A civil attorney will compile a strong case to present in front of the jury. The legal professional will build a cohesive and convincing argument to obtain a favorable outcome in your favor.