No one ever visits a medical provider with the expectation of leaving with a different or more serious health problem. When you go to your doctor’s office or check in to a hospital, you do so with the trust that you will receive the highest level of care and that your doctor will do everything that reasonably can be done to treat your illness or injury. If this trust has been violated, you may be able to file a claim for financial compensation for everything including your medical expenses, your lost income and reduced future earning power and even damages for your pain, suffering and emotional distress.
How do you know, however, whether you have grounds to sue for medical malpractice? Not everyone who suffers an injury or a worsening of condition after receiving medical treatment is entitled to recover monetary damages. In order to prove your medical malpractice claim, you must be able to demonstrate that your condition is the result of some type of negligence, whether carelessness or recklessness, on the part of your doctor. If your doctor failed to perform at reasonable standards of practice, he or she may be held legally liable to you.
Medical doctors are among the most exhaustively educated and rigorously trained professionals in the country, and they are expected to adhere to general standards of practice. If another doctor faced with the same situation could reasonably have been expected to make different decisions and to perform a different procedure, you may have grounds to sue your doctor for a breach of the duty of care. As an example, if your child has suffered an Erb’s palsy birth injury, you may be able to recover compensation by demonstrating that the doctor pulled too hard on your baby’s head, or that he or she failed to order a C-section in order to avoid predictable birthing complications. Similarly, if the doctor failed to diagnose cancer when another doctor viewing the same evidence should have recognized the signs ,you could have cause for legal action.
Although medical malpractice laws have transformed the legal climate in Texas with maximum caps for recoverable damages, our attorneys continue accepting such claims in an effort to help injured clients or the family of someone who has passed away as a result of medical malpractice. We take pride in helping our clients hold healthcare professionals responsible for negligence and possibly protecting future patients from similar mistakes. Take the first step in your case now by contacting The Carlson Law Firm for a complimentary consultation to learn about your legal options.