The Difficulty of Proving Medical Malpractice in Texas
Medical malpractice suits are similar to other personal injury cases in that they involve a plaintiff (you) suing a defendant for some injury. In order for a malpractice case to be successful, the plaintiff must prove that the defendant had an intended legal duty of care which was violated and resulted in the plaintiff’s injury. Simply put, medical professionals have a responsibility for the safety and treatment of their patients. When they shirk this responsibility, either intentionally or through a careless mistake, they are liable for their patients’ injuries.
Many surgeons and anesthesiologists receive over 10 years of education and extremely rigorous certification in order to be qualified to safely operate on their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in-general demands that its medical professionals not only be knowledgeable when it comes to their ability to properly and correctly diagnose a patient, they must also sympathetically operate and then treat them without causing these vulnerable people any further injury or discomfort.
Like other tort cases, medical malpractice suits begin with discovery, which may include depositions, the gathering of documentation, and witness interviews. If the medical defendant and the surgically treated plaintiff cannot agree on a settlement during discovery, then the case will go to trial.
Medical malpractice cases frequently include expert witnesses due to the complexity of the material involved. They provide a point of view on the situation from the perspective of an expert in the field surrounding the injury.
Tort reform has made medical malpractice cases more difficult for victims to win. These new laws enforce strict conditions that must be met before a medical professional can be held liable for a victim’s injury. If your case is not presented in such a way that these conditions are met, you have as much chance of success as a snowball in a forest fire.
Without a team of legal experts, you will certainly, and quickly, find yourself overwhelmed.
No matter what the injury or illness, it’s bad enough to have to suffer through it under good circumstances. When you’re suffering even further because your medical professional has engaged in negligent malpractice, your physical and emotional pain is even harsher. We understand that you have a lot of questions as you try to find out if your doctor or medical professional has been negligent in your care. Some of your initial questions likely include:
Why did this happen and what negligence might have led to it?
Who is responsible for this shoddy surgical treatment?
Who’s going to pay for this horrible mistake?
How much, and how long will I have to endure this additional pain and suffering caused by someone else’s carelessness?
Can I be reimbursed for the time I’m losing at work because of this malpractice?
Does this medical professional also owe my family for their pain and hardship?
Did this surgeon or anesthesiologist kill my loved one?
Do I need an experienced medical malpractice lawyer to help me?
Is there anything I can do to make sure this tragedy won’t happen to someone else?
These questions and more are all very reasonable ones that you and anyone else who suspects medical malpractice always ask us. Many times the answers are very hard to come by unless you have the assistance of an experienced medical malpractice attorney.
This is why the veteran medical malpractice lawyers and the investigative team at our Texas Law Office can get to the bottom of things. We work closely with third-party medical experts to scrutinize your malpractice claim and aggressively pursue the forensic trail that clearly reveals every surgical professional who harmed you. With our assistance, you will find the answers to these questions, while we work diligently in order for you to receive the fairest compensation for your damages from your unwarranted malpractice injuries, pain, and suffering.
This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso