What Constitutes Medical Malpractice? Key Factors for Proving a Case
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of practice that is expected in their field. Malpractice cases can often lead to serious consequences for the patient, including injury, harm, or even death.
Brett Reynolds & Associates, P.C. is experienced in handling medical malpractice cases and is dedicated to helping victims throughout South and Central Texas. With a deep understanding of the legal challenges involved, Attorney Reynolds is well-positioned to guide his clients through what constitutes malpractice and the factors involved with proving a case.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s actions or failure to act deviate from the accepted standard of care and result in harm to a patient. The standard of care refers to the level of care and skill that a reasonably competent healthcare provider would exercise in a similar situation. This can vary based on the specific circumstances surrounding a case.
A breach of the accepted standard of care can occur either through an act of commission (doing something wrong) or omission (failing to do something right). Some of the most common types of medical malpractice claims include:
Surgical errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures.
Misdiagnosis or delayed diagnosis: When a doctor fails to diagnose a condition or delays diagnosis, causing the patient to miss out on proper treatment.
Medication errors: Administering the wrong medication, incorrect dosages, or failing to check for harmful drug interactions.
Childbirth injuries: Mistakes made during labor and delivery that harm the baby or mother, such as improper use of forceps or failure to respond to signs of fetal distress.
Anesthesia errors: Failing to properly administer anesthesia or monitoring it incorrectly, leading to complications during or after surgery.
Malpractice claims can lead to severe harm, and the legal process to prove negligence in these cases can be intricate. However, it's important to note that not every unfavorable medical outcome leads to a malpractice claim; certain factors must be present for a case to be viable.
How to Prove Medical Malpractice
To win a medical malpractice lawsuit, you must establish that medical malpractice occurred and provide substantial evidence and often the testimony of medical experts. To do so, you must prove four essential factors:
Duty of care: You must show that the healthcare provider owed a duty of care. In almost all situations, doctors, nurses, and other healthcare professionals owe their patients a duty to provide care in line with the accepted standards of their respective fields.
Breach of duty: You must show that the healthcare provider’s actions, or lack thereof, deviated from what a competent professional would have done under similar circumstances. This can be done by reviewing your medical records, obtaining expert opinions, and comparing the provider’s actions to standard practices.
Causation: You must prove that the provider’s negligence directly caused your injury. This can be particularly difficult if you were already suffering from a serious condition or injury.
Damages: You must show that you suffered damages as a result of the breach of duty. These damages can include physical injury, emotional distress, financial losses, or other adverse effects on the patient’s life.
These elements form the foundation of most medical malpractice claims and must be proven to show that medical negligence occurred and that the patient's injury was directly linked to the healthcare provider's actions. If you believe you’ve been a victim of medical malpractice, consult an experienced attorney who can help you understand your rights and options.
The Importance of Medical Experts in Malpractice Cases?
Medical malpractice cases often require the testimony of medical experts to help prove that a healthcare provider breached the standard of care. Medical experts can explain complicated medical issues and provide perspective on whether the provider’s actions were appropriate.
Medical experts also play a crucial role in demonstrating causation. They can explain how the healthcare provider’s mistakes led directly to the injury or harm suffered by the patient. Without expert testimony, it can be difficult to show that malpractice occurred, especially in cases involving complicated medical procedures or conditions.
Statute of Limitations for Medical Malpractice
Under Texas law, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the alleged negligent act or omission. However, certain exceptions may apply, such as cases involving minors or when the injury was not immediately discoverable. If you or a loved one has been injured due to medical negligence, contact an experienced attorney who can help you meet these deadlines and protect your right to seek compensation.
Reach Out Today
Medical malpractice cases are serious and often result in significant physical, emotional, and financial hardship for the victim. However, filing a medical malpractice claim can help you hold the offending healthcare provider accountable and pursue the compensation you need.
If you or a loved one has suffered due to medical malpractice, contact Brett Reynolds & Associates, P.C. today to schedule an initial consultation. Located in San Antonio, Texas, the firm serves clients throughout South and Central Texas.
