What is Medical malpractice?
Medical malpractice occurs when a health care provider causes injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.
Who can commit malpractice?
Any professional who renders services upon which you or others rely can commit malpractice. Often, the professional is licensed or regulated by the state. Attorneys, Doctors, Chiropractors, Accountants, Brokers, and Architects are licensed.
Hospitals, chiropractors, dentists, physicians, psychologists and therapists are typically the persons named in a "malpractice action."
How long does a typical medical negligence case take to get resolved?
Medical negligence cases will settle if they are strong cases on both the negligence and damages issues. However, medical negligence cases rarely, if ever, settle without first having to file a lawsuit, which then starts the litigation process. Typically, depositions (taking sworn testimony from the parties and witnesses in the case) must be conducted, expert witnesses must be retained and have their depositions taken, and then the healthcare provider and defense counsel are able to evaluate whether they are likely to win or lose the case if it proceeds to trial. In Texas, depending on the court you are in, the time from the initial filing of the lawsuit until the trial date typically ranges somewhere in the 18 to 24 month time frame. This is not an exact timeline because continuances can occur for a number of reasons, and some courts have higher caseloads which means that the trial date can occur later.
Will I have to go through a trial in court before my case is finished?
While some cases do require a formal trial proceeding, many of our cases are settled before they go to court.
I signed a consent form before my surgery. What did it mean?
It is common practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery and the risks involved, and the ramifications of not getting such treatment. If you can prove that your physician misrepresented or failed to adequately inform you of the risks and benefits before surgery, your consent may be invalid.
What kind of mistakes can result in malpractice?
The medical professional(s) did not get clear permission before operating on you.
The medical professional(s) did not diagnosis you properly.
The medical professional(s) did not perform the operation properly.
The medical professional(s) did not anticipate a problem which they should have anticipated.
How does a case result in medical malpractice?
In determining whether a medical practitioner made a mistake, the court will consider what reasonable, prudent medical practitioners would have done in the same situation. If the medical practitioners did not meet that standard, they could be found negligent.
What do I do if I suspect that malpractice has occurred?
When malpractice is suspected, do not accuse or insult the treating health care providers. Quietly request the records and have them reviewed by an expert.
If the care by the physician is ongoing, you may want to request a transfer of the patient's care to another hospital or health care provider. Most importantly, consult an experienced medical malpractice attorney.
Do medical malpractice cases settle?
If a physician settles the case for even $1, he gets reported to a national data bank. That reporting follows him for the rest of his career. Most medical malpractice insurance policies give the physician the right to decide if the case will settle.
How is a case evaluated?
Following the initial client interview, the relevant medical and hospital records are obtained and reviewed. Physicians and other health professionals may then be consulted to more fully understand and answer the questions.
Once we determine why the doctor missed the diagnosis, why the medicine or surgery did not work, or why the patient died or suffered injury -- then a determination can be made as to whether the tragedy was a result of medical malpractice or an unexpected and unintended result despite good medical care. For this determination we turn to fair, unbiased and honest physicians who care enough about the quality of medical care and treatment in this country to simply tell us their true and honest opinion. If the physician consultant tells us negligence caused a preventable tragedy we immediately begin preparation of the case for trial.
Why do we need a civil justice system?
America's civil justice system gives people a fair chance at receiving justice through the legal system when they are injured due to the negligence or misconduct of others – even when it means taking on the most powerful corporations.
This is more important than ever because the drug and oil industries, big insurance companies and other large corporations dominate our political processes – and thus, people cannot depend on the political system to hold corporations accountable. When corporations and their CEOs act irresponsibly by delaying or refusing to pay fair and just insurance claims, producing unsafe products, polluting our environment, or swindling their employees and shareholders, the last resort for Americans to hold them accountable is in our civil courts.
Because of the civil justice system, our cars are built more soundly, the environment is cleaner, and medicine is safer. Click below to see everyday examples of why we need a strong civil justice system, and its role in protecting American workers, consumers and families.
What is a tort?
A tort is a wrong that involves a breach of a civil duty owed to someone else. As people go about their lives, they have a duty and responsibility to take reasonable care to avoid injuring others. When someone does not take this reasonable care and someone is harmed as a result, the tort of negligence is committed. The negligent person must right the wrong by making up for the losses and harms caused. The driver of a car who runs a red light is not taking reasonable care to avoid injuring others. If the driver runs a red light and hits another vehicle or a pedestrian, he or she must pay for the harms and losses caused by the negligent driving.
The driver of an 18-wheeler with bad brakes or bad tires hauling a load down the highway is not taking reasonable care to avoid injuring others. If the truck crashes into another vehicle, the driver must pay for the harms and losses. A doctor who doesn't take the time to do a complete examination or order tests to rule out potentially life-threatening conditions is not taking reasonable care to avoid injuring his patient. If the doctor misses the diagnosis and the patient is harmed or killed, the doctor must pay for the harms and losses caused by the medical negligence.
A manufacturer that produces a product that is not safe for its intended use is not taking reasonable care to avoid injuring the consumer. If the consumer is injured by an unsafe product, the manufacturer must pay for the harms and losses caused by the unsafe product. |
