Houston Medical Malpractice
A rising number of medical malpractice cases exist in the state of Texas. In an effort to respond to these increasing rates of medical malpractice, the Texas legislature has begun to pass new laws regarding the role that medical malpractice cases play in the state. These new laws are making it increasingly more difficult for people to obtain compensation when medical malpractice occurs. Most recently, the Texas Supreme Court ruled that a widow could not recover damages due to a new law that protects health care providers from malpractice lawsuits. To obtain adequate compensation for a medical malpractice claim, it is important that individuals retain the legal services of experienced counsel who knows how to adequately pursue a malpractice claim.
What Is Medical Malpractice?
Medical malpractice, which is also called medical negligence, is the term used to describe a wrong caused by a medical professional who caused the harm. To constitute medical malpractice, a decision must be more than just a simple mistake. When a medical provider fails to adequately treat or neglects the care of patients causing substantial injuries or death then a medical malpractice claim can be made.
There are several situations in which medical malpractice cases can arise. Some of the most common examples of medical malpractice in Houston include the following conditions:
- Anesthesia Errors. Anesthesia errors occur in a surgical environment when a doctor prescribes a patient the incorrect amount of anesthesia which can result in substantial injuries or sometimes even fatalities.
- Emergency Room Errors. Individuals in an emergency room setting sometimes experience malpractice while receiving medical assistance.
- Failure to Identity An Illness in Sufficient Time Or Misdiagnosis. When a doctor fails to diagnose a medical condition there can be substantial consequences.
- Surgical Errors. Surgery errors can cause substantial disability and even result in the death. These types of errors can arise in both complicated and routine surgery.
- Wrong Prescription. Improper medication or medication that is prescribed at the incorrect dosage can result in substantial harm and death.
How Do Houston Medical Malpractice Lawsuits Proceed?
Medical malpractice lawsuits are quite complicated and often take months or even years to settle. The basis of a medical malpractice lawsuit is that a lawyer must demonstrate negligence has taken place by a medical provider and this negligence resulted in a harm to a patient.
The best way for individuals to prepare for initiating a medical malpractice claim is for an individual to understand how the medical malpractice process occurs. There are some basic steps that occur in medical malpractice claims, which include the following:
- Initial Consultation. During this meeting, a lawyer will assess an individual’s case and discuss the potential options. At this time, individuals should strive to bring as much paperwork as possible about the event during which the malpractice occurred.
- Investigation Of The Claim. Once a client decides to work with a Houston medical malpractice attorney, a claim investigation period begins in which the attorney begins gather evidence that comprises the case.
- Going Forward. Medical malpractice cases either result in a trial or an out of court settlement. An experienced attorney will know the best in which to resolve a case.