Frequently Asked Questions About Medical Malpractice

Medical malpractice is unfortunately a common scenario that goes unreported across the United States. All of us depend on medical doctors, nurse practitioners and other medical professionals to properly identify afflictions, correctly execute surgical procedures and provide watchful treatment when we are ill. When this doesn’t happen due to negligence it becomes a matter of malpractice.


Obeying the Hippocratic Oath – Do No Harm

Many people do not have a clear idea about the realities medical malpractice. There are some lines which men fear to cross, and for good reason. These lines serve as sacred boundaries between morality and abject villainy. No line is perhaps as precious in the eyes of those who dedicate their lives to medicine, as the Hippocratic Oath.

Every doctor agrees to a single rule which they must follow to the letter without exception: “do no harm.” To violate this rule is to defy all the responsibilities of a healer and designate oneself a true fiend. These violations are known as medical malpractice.

What Defines a Case of Medical Malpractice?

Medical malpractice, in not so many words, is simply the act of a health care provider not treating a patient properly for whatever reason, resulting either directly or indirectly in further injury and/or general suffering.

Malpractice can refer not only to mistreatment, but also failure to treat or properly diagnose existing ailments, it essentially covers anything that brings harm to a patient for one reason or another. Should a doctor egregiously misdiagnose the patient and as a result subject them to necessarily treatments which damage them physically and/or financially, that doctor may be charged with malpractice.

Who Can Be Charged With Medical Malpractice?

Doctors are not the only hospital personnel subject to malpractice lawsuits, any employee of the hospital, from nurses, to assistants, to private practitioners, to technicians, and any of the myriad other hospital employees are liable to be charged should they fail in their duties. Some such breaches of medical protocol could be improper administration of medications or poor setup of vital equipment, leading to misdiagnose or even further injury. Anything that a hospital employee could potentially do to cause the patient unnecessary pain can and will be considered malpractice if brought before a court of law.

The threshold for acceptable care is referred to as the “standard of care.” This simply refers to the bare minimum of proper treatment medical personnel can provide a patient. If the health care provider should fail to meet these standards, they commit what is referred to as a “breach,” and can be sued for differing amounts of money depending on the severity of said breach. In some cases the practitioner may lose their license or even be taken into custody and handed hefty sentences.

How Are Medical Malpractice Lawsuits Handled in Court?

The court system is not simply satisfied with heartfelt testimony, justice requires cold hard evidence, and no amount of sentiment will change that. In order to prove beyond a reasonable doubt that the health care provider acted unprofessionally to such a degree that compensation is warranted, the accuser will have to provide proof that their worsened condition was a direct result of the practitioner’s actions. This will require the aid of a second doctor specializing in the field of medicine which the subject has had issues with.The doctor must first be approved by the court system as an unbiased third party, to ensure that no foul play is taking place.

After the doctor has been properly vetted (no pun intended) they will be granted access to the accuser’s medical records and allowed to perform their own examination at an agreed upon location. The doctor will then examine all available information for evidence of possible “causation,” the improper action which set into motion the patient’s worsened condition.

If the doctor can find without a shadow of a doubt that the behavior of the defendant in some way exacerbated the accuser’s condition, the defendant will be heavily fined and, depending on the severity of the violation, may be stripped of their respective licensing.

How Do I Know If I’ve Been a Victim of Medical Malpractice?

Before claiming any certain condition as a medical malpractice, you should have proper knowledge about the terms of the medical malpractice. You can’t just blame any doctor about his/her negligence without any proof. Some symptoms of medical malpractice are clearly noticeable where some conditions can hardly be understood.

You need to be sure before blaming anyone about the medical malpractice if your case is fallen under the terms of medical malpractice. Generally the mistakes of doctors in diagnose the problems of patients, prescribing wrong medicine, use the faulty tools for diagnosing health problems and so on. If you are the victim of any of the circumstances, you should understand that you are a victim of medical malpractice.

What Recourse Do I Have Against Doctors and Medical Staff?

If you can prove that you are the victim of medical malpractice, you can claim compensation for your loss from the concerned authority. You can also take legal action against the medical professionals for your loss. But you will require some proofs to prove your claim. Generally, medical bills, prescriptions, etc. are considered as the proof for proving your claim. The doctors or medical authority has to compensate the money for your loss if you can prove your claim.

How Do I Find the Best Medical Malpractice Law Firm?

Before selecting a law firm to handle your case you should ask the following questions:

  1. Do they specialize in medical malpractice?
  2. Are they board certified in personal injury trial law?
  3. How many medical malpractice cases have they handled in the last year?
  4. Do they have any winning verdicts of sizable proportion or notable difficulty?
  5. Can the attorneys provide you with client referrals?

Asking these questions will reveal the true skill of any possible lawyers you intend to contract with.

Can a Medical Malpractice Lawyer Help Me to Get Compensation?

It is tough to file a case against the medical authority or doctor even if you have all kind of proof. You will need professional help if you really want to fight against the medical malpractice.

The lawyers at The Hastings Law Firm are experts in representing families and victims of medical malpractice throughout Texas. If you think that you or a loved one sustained an injury because a physician, healthcare professional, or healthcare facility failed to perform their responsibilities properly, we encourage you to contact our office without delay. We will start with a complimentary case consultation where we can explore the important aspects in your potential lawsuit and help you understand your rights.

How to Hire a Medical Malpractice Attorney?

Most personal injury lawyers can be hired online or via a phone call. They will review your case for free, and if they take you on as a client, will send you all the necessary documentation to get started.

Hastings Law Firm
5100 Westheimer Rd. Suite 200
Houston, TX 77056

When you work with the Hastings Law Firm you will most likely interact with all of our office staff on a personal level. This ensures that our team relates to each and every client on an personal level and we feel this comes through in how we handle our clients. Our objective is to be right here to help people who’ve suffered because of medical malpractice and achieve positive outcomes on their account.


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