Texas Doctor Faces Malpractice Suit Over Patient Deaths and Injuries
As discussed in a news article in the Dallas Morning News, a Plano doctor had his medical license suspended because the Texas Medical Board determined that he presents a threat to public health. According to the article, the doctor performed surgeries that presented a “significant risk of harm” to his patients. The surgeries he performed resulted in 2 patient deaths over the last few years and numerous surgical mistakes. The article stated that the doctor’s mistakes were due to impairment from drugs and alcohol.
The doctor was most recently employed by a hospital in Dallas where he injured a patient during a spinal procedure. The patient filed a lawsuit against the doctor alleging that he made surgical mistakes that severed an important spinal nerve and left her in a wheelchair. The lawsuit alleges that the doctor failed to properly diagnose, examine, and treat the patient during a spinal procedure and this resulted in her suffering partial paralysis and other problems. The article stated that medical personnel who were in the operating room during the procedure made complaints about the doctor’s care of the patient but the doctor did not listen to them or respond to their concerns. The medical personnel noted that the doctor seemed “distracted or disoriented” during the procedure. The hospital has since suspended the doctor’s privileges. A spokesperson for the Texas Medical Board said the doctor’s suspension was one of the most alarming cases involving a Texas neurosurgeon in recent history.
Physician Liability in Texas Medical Malpractice Cases
If a person is injured by a doctor in Texas, they must generally prove four things to bring a medical malpractice suit against the doctor: (1) a duty by the doctor to act according to a certain standard; (2) a breach of the applicable standard of care; (3) an injury to the patient; and (4) a causal connection between the breach of care by the doctor and the patient’s injury.
Usually in a Texas medical malpractice case, an expert witness is used by the plaintiff to present evidence about whether a doctor has departed from accepted standards of medical care. The expert in a Texas medical malpractice case must explicitly state the standard of care and explain how the doctor’s acts failed to meet that standard.
In proving that a doctor has committed malpractice in Texas, the injured patient must show by a preponderance of the evidence that the negligent acts of the doctor were a substantial factor in bringing about their injuries and without which the injuries could not have occurred. This means that if an injured plaintiff can show that the negligent conduct of the doctor deviated from the degree of care and skill that is reasonably expected of an ordinarily prudent doctor in the same or similar circumstances, they may be able to prove that the doctor is guilty of medical malpractice in Texas.
If you have been injured by a doctor in Texas, you may need the assistance of an experienced medical malpractice attorney to help you during this challenging process. If you have questions regarding a medical malpractice case, contact our New Braunfels office today at: 1-888-392-0039 to speak with a qualified attorney.