Health care in the U.S. is one of the most expensive in the world, even with insurance. When you entrust your or your loved one’s health to a medical professional, it is only natural for you to expect the highest standard of care to be observed in the treatment.
When a professional commits medical malpractice, the consequences can be costly and, in some cases, lethal. The patient is already in a vulnerable state to begin with, which requires delicate and responsible action from the medical professional. When that responsibility is breached, contact a Richmond medical malpractice lawyer to learn more about your options for recovery.
What is Medical Malpractice?
Under Texas law, when a health care provider or a physician departs from the accepted standards of medical care, and such departure results in injury or death, there is medical malpractice, also known as a health care liability claim.
Medical malpractice is one of the largest causes of death in the US. In 2017, they were reported to account for as many as 251,000 annual deaths, making them the third leading cause of death.
When medical professionals are found to have committed medical malpractice, they are at risk of getting their license suspended or revoked. This makes them reluctant to admit their negligence in such cases, making it difficult to prove medical malpractice.
Who Can Bring an Action for Medical Malpractice?
Anyone who claims to have suffered loss or hardship due to the bodily death or injury of a person arising from medical malpractice can bring a claim for medical malpractice.
Claimants may also assign representatives to bring claims on their behalf, and this may either be the claimant’s spouse, parent, guardian, trustee or authorized attorney.
When Can You File a Medical Malpractice Claim?
The Civil Practice and Remedies Code provides that a medical malpractice claim may be filed only within two years from the time that the malpractice occurred. If the claimant is below 14 years old, then the claim may be filed until their 14th birthday, by them or by someone on their behalf. To better understand the statute of limitations for your claim, contact a local medical malpractice lawyer for more information.
Who Can Be Held Liable for Medical Malpractice?
Health care providers, including licensed nurses, doctors, pharmacists, the hospital, hospital administration, chiropractors, and more, can all be liable for medical malpractice. In cases where emergency care is performed by unlicensed medical personnel, there is generally no liability for medical malpractice unless the act is wilfully negligent.
Why Hire a Medical Malpractice Lawyer?
To successfully bring a claim for medical malpractice, it is essential to prove that the medical personnel deviated from the degree of care and skill that is reasonably expected of them in the same or similar circumstances.
It is also important to prove that such deviation was attended by willful and wanton negligence. Finally, a claimant must establish a causal connection, which means that they must prove that the medical personnel’s negligent deviation caused the bodily injury or death.
Proving all these before a jury can be challenging, considering the technical nature of the legal concepts involved. This makes it important to hire an experienced attorney who is well-versed with medical malpractice laws.
A Richmond medical malpractice lawyer from The Estes Law Firm can help you prove all the essential requisites of a medical malpractice case, so you can fully claim the financial compensation you’re entitled to under the law. Find help today when you schedule your free consultation by calling 281-238-5400 or by filling out the contact form on this page.