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Texas Panhandle Medical Malpractice Attorneys

Victims of Medical Negligence in Texas

Medical malpractice takes place when a patient is harmed because a doctor or other medical professional failed to properly perform their medical duties. Medical professionals are expected and required to have the education and training needed to competently diagnose, treat, prescribe, and advise their patients, and if they lack this skill and knowledge or act negligently in some way, they can be held liable for their actions.

Medical malpractice cases can involve all types of medical professionals, including doctors, nurses, surgeons, dentists, psychiatrists, physical therapists, pharmacists, and EMTs. Determining whether malpractice occurred involves measuring the actions of the individual in question against the choices that a reasonable and competent medical professional would have made in the same situation.

Types of Medical Malpractice

Medical malpractice can occur in many different types of situations, and the resulting harm sustained by victims is varied and widespread. Although every case in unique, the injuries and illnesses caused by malpractice are usually the result of three main types of medical negligence:

  • Failure to Diagnose or Misdiagnosis: If a competent physician would have discovered the patient's illness or injury or if they would have diagnosed the patient in a different way, which in turn would have prevented harm or achieved a better result, then the patient may have grounds to file a medical malpractice claim.
  • Improper Treatment: If a physician chooses to treat the patient in a way that no other competent medical professional would, the patient could have grounds to file a medical malpractice claim. Similarly, a medical professional could be liable for malpractice if they selected the appropriate course of treatment but administered it incorrectly or incompetently.
  • Failure to Warn the Patient of Known Risks: The duty of informed consent refers to medical professionals' duty to warn patients of any known risks of the procedure or course of treatment they are recommending. If a patient would not have elected to complete the treatment had they been properly informed of the possible risks beforehand, the physician could be liable for malpractice if they patient sustained harm because of the procedure.

If you believe you are the victim of medical malpractice, it is important to have your situation assessed by a knowledgeable lawyer. One of the experiencedAmarillo and surrounding Pampa area medical malpractice attorneys at our firm can evaluate the circumstances of your case to determine whether you have grounds to pursue a medical malpractice claim.

What are the Requirements for a Medical Malpractice Claim?

Under medical malpractice law, victims can seek compensation for their injuries or illnesses, suffering, and financial losses. In order to pursue a settlement through a medical malpractice claim, your attorney must be able to prove the following:

  1. A doctor-patient relationship existed. You must be able to show that you and the physician had an established professional relationship. This is easy to prove if you had been seeing the doctor and the doctor was treating you, but can be more difficult to show if the malpractice involves a consulting physician who did not directly treat you.
  2. The doctor was negligent. You cannot sue for malpractice simply because you were unhappy with the results or your treatment. A medical professional is only liable for malpractice if they were negligent by not acting reasonably careful or skillful during your diagnosis or treatment. You must be able to show that the physician caused you harm because they acted in a way that a competent physician would not have under the same circumstances. The law does not require that the physician's care was the very best possible, but rather that they were reasonably skillful and careful. Whether or not the physician was reasonably careful and skillfully is often the key factor in medical malpractice claims, and you will likely be required to present an expert to discuss what standards are considered reasonably careful and skillful in your particular situation.
  3. The doctor's negligence caused your injuries. In many medical malpractice cases the patient was already sick or injured, so it must be proven that the physician's negligence is what caused the harm. You must show that more likely than not it was the incompetence of your physician that directly caused your injuries. You will likely need to have a medical expert testify on your behalf that your injuries were caused by the physician's negligence.
  4. The injuries caused specific damages. Even if it is obvious that your physician acted negligently, you cannot hold them liable for medical malpractice unless you suffered harm as a result. You can sue for such types of harm sustained as physical pain, mental anguish caused by the injuries, additional medical bills caused by the injury, missed wages, and the loss of future earning capacity resulting from the injury.

Need a Lawyer for Medical Malpractice?

If you or a loved one has suffered because of medical malpractice, it is very important that you speak with an attorney as soon as possible, as you have only a few years after the injury in which to file a claim. At Buzzard Law Firm, PC our team is experienced in representing the rights and interests of our clients in all types of personal injury cases, and we can help you seek justice against a negligent medical professional. We understand the difficulties families face after suffering illness or injury because of malpractice, which is why we are dedicated to providing our clients with the attentive counsel and tireless legal advocacy they need and deserve. Contact a Texas Panhandle, Amarillo, and surrounding Pampa area medical malpractice lawyer from our firm today at (806) 665-7282 to discuss your options to pursue fair compensation for injuries caused by medical negligence.

Office Address:
208 N. Russell
Pampa, Texas 79065
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