New Braunfels Medical Malpractice Attorney
Helping Injured Victims Throughout San Marcos, Seguin, and South Central Texas
Medical malpractice refers to patient harm occurring due to medical failure to meet the standards set for good practice. Errors in diagnosis, treatment, medication or illness management can physically injure patients and even result in death. Medical standards are established to minimize injury and provide guidelines for sanitation, diagnosis, medical treatment, and many other aspects of healthcare.
Medical malpractice takes place in hospitals, nursing homes, medical testing facilities, clinics and doctors' offices. In addition, the scope of professionals who are subject to malpractice suits has broadened to include numerous medically trained specialists aside from just medical doctors. Malpractice lawsuits may be filed against acupuncturists, chiropractors, dentists, optometrists, and nurses, to name a few.
Medical malpractice negligence is very broad and encompasses virtually every kind of mistake that could be made by a medical professional. The most common cases brought against doctors are:
- Injuries during childbirth,
- Brain and spinal cord injuries,
- Birth injuries,
- Lack of informed consent,
- Surgical errors,
- Doctor/hospital/dentist error,
- Wrongful death,
- Improperly prescribing a drug,
- Emergency room errors,
- Administration of the wrong medication,
- Incorrect lab report,
- Surgery on the wrong limb,
- Improper use of a medical device, and
- Proving negligence.
When a patient has been injured as a result of medical negligence, medical malpractice laws protect a patient's rights. However, there are factors that must be proven in order to show that negligence occurred, which include:
- Patient injury,
- Existence of a duty between the medical practitioner and the patient,
- Deviation from the medical standard of care,
- Medical deviation resulted in the patient's injury, and
- Medical malpractice laws.
In most states, through the influence of the medical industry, laws have been passed that make medical malpractice lawsuits more difficult to win. This is in part due to laws setting legal limits or caps on the monetary amounts that can be awarded for damages and attorney fees. Additionally, a significant amount of time and money goes into preparation for medical malpractice cases. Medical malpractice cases involve finding expert witnesses who are willing to testify against a colleague and discovering records and statistics that show a lack of standard care. Unless the injury is serious, it is not practical to sue for compensation. There are also statutes of limitation on filing medical malpractice suits.
Medical Malpractice Requires Immediate Legal Action
If you have been the victim of negligent medical treatment, it is crucial that you contact The Bettersworth Law Firm as soon as possible. As your medical malpractice attorney, James Bettersworth will act quickly to obtain records, documents, and take depositions from doctors and other witnesses. In the meantime, do not agree to give any written or recorded statements to anyone. In order to protect your rights and the strength of your case, we will represent you in any discussions or negotiations concerning your injuries. Call 830-606-0404 today.