Visiting a healthcare service provider usually marks the start of recovery for health complications, conditions, or injuries. The treatment procedures and standards give us hope that we will regain our health back to normal. But in some cases, the medical service providers engage in actions that may be dangerous to one’s health, leading to more health complications and sometimes death. When this happens, you may require the services of a Houston medical malpractices lawyer to help you or your loved one seek the justice they fully deserve.
How Does Medical Malpractice Occur?
There exists a wide array of actions that lead to medical malpractice in Houston. However, while some are reckless mistakes from medical practitioners such as doctors, nurses or physicians, others occur due to mistakes of medical procedure. We have litigated numerous cases related to such malpractices over the years and have found that the majority of them are as a result of:
- Surgical errors leading to severe infection
- Failure to observe neonatal care practices leading to brain or physical injuries
- Wrongly prescribed medications
- Failure to seek consent before undertaking critical procedures
- Errors when administering anesthesia
- Failures to properly diagnosis
Who Will Be Held Liable For an Act of Medical Malpractice in Houston?
A Houston medical malpractice lawyer will gather enough evidence to hold accountable all parties involved in your injuries who have failed to uphold the required standards of patient care. As such, those found directly responsible will be brought before a jury to make up for their mistakes. They may be doctors, nurses, anesthetists, surgeons or even radiologists. This is primarily based on their professional errors that caused further injury or disease.
However, not all acts medical malpractice are against the medical professionals themselves. In some cases, a Houston medical malpractices lawyer will hold the hospital or facility responsible. Hospital management is responsible for the facilitation of activities on their premises, and the law provides mechanisms through which they can be sued in case of such professional errors. For example, a hospital may fail to carry out regular maintenance of medical machines such as electrosurgical units, surgical lights, or sterilizers.
Medical professionals have a moral and legal obligation to take absolute care of patients, and failure to do so can result in death or more severe diseases or conditions. If this happens, a Houston medical malpractice lawyer would be an asset for the victim in their quest for justice.
How to Prove Liability in a Medical Malpractice Lawsuit
Houston laws provide two main theories that are key in any medical malpractice lawsuit. For your case to succeed and withstand the defenses of the hospital’s lawyers, our Houston medical malpractice lawyer will expound on the following theories when proving liability:
The Negligence Theory
Most treatments, if not all, are highly prone to inherent risks. However, it’s the absolute prerogative of your physician to minimize risks when possible, and ensure that you are safe while under their watch. In case they make risky undertakings without your knowledge, and you are injured as a result of their errors, you may need legal assistance from a qualified Houston medical malpractice lawyer.
Houston is one among many which have their citizen’s well-being at heart. A error in the standard of care from a medical practitioner or any other person in similar capacity can have tremendous consequences. That is why it is recommended that they follow recommended standards of care until the patient has finished his/her treatment procedures.
Filing a Medical Malpractice Lawsuit in Houston
Based on the laws pertaining to medical malpractices in Houston, your medical malpractice lawyer is expected to give notice to the defendant on their intention to file a lawsuit 60 days before filing. In the notice, you must clearly explain and indicate the reasons why you are suing them for compensation as well as the severity of injuries sustained.
The success of any litigation is primarily based on the evidence presented before a jury. Contrary to other suits where a jury can clearly see where the Defendant went wrong, convincing a judge or jury that your injuries are as a result from medical negligence is more challenging. Therefore, you will have to seek legal services from an experienced Houston medical malpractice lawyer who will provide the proper medical experts to prove where the Defendants violated the patient standard of care.
A Houston Medical Malpractice Lawyer Is The Starting Point
It’s normal to be anxious when seeking medical assistance for a headache, eyesight problem, a simple surgery. You are hopeful that the process will be smooth, apart from the normal recovery period. But when the treatment leaves you with more injuries or illnesses as a result of your physician’s failure to follow standard procedures, you should seek a consultation from a Houston medical malpractice lawyer. He or she will be able to evaluate and authenticate the possibility of an act of negligence by your physician, and the possibility of opening a lawsuit against them. Call our office today for a free consultation.