When a medical professional has been negligent or rendered improper medical care it is said that the individual has committed medical malpractice. Although medical malpractice is most often an issue that is associated with a physician it can include anyone involved in the provision of medical care; nurses, hospitals, pharmacists are all included.
In the event an individual is a victim, Houston medical malpractice lawyers can help recover damages that stemmed from the incident. The victim can sue for recovery of all unnecessary medical expenses, lost income as well as compensation for undue pain and suffering. Seasoned lawyers can help produce the evidence that is necessary to satisfy the burden of proof that the injured party must meet.
The essentials of any medical malpractice lawsuit:
To prove medical malpractice there are four specific elements that must be met:
* There was a duty of care
* The was a violation of the duty of care by the defendant
* The violation resulted in compensable injury, and
* The injury was directly related to substandard care
There is never an issue proving the first point, a duty of care exists the moment the doctor agrees to provide treatment to the patient. Rarely is the third element heavily contested, the effects of substandard care are usually quite evident and easily proven and proving medical expenses and lost income are a simple accounting matter. If there is any issue associated with compensable injury it is trying to assign a value to emotional and mental effects as a result of undue pain and suffering.
Houston medical malpractice lawyers will focus the bulk of their attention to the second and forth element. Standards of care are traditionally based on customary practices as well as national standards; failure to conform to these standards can be construed as negligence, however; as long as all the various treatments are acceptable, choosing one over the other does not indicate negligence.
Of the four elements, the most contestable is proving that the injury was the direct result of negligence or substandard care. The defendant will pose arguments that the injury was the result of a factor not related to the case.
If you have reason to believe that a medical practitioner committed medical malpractice you have the right to sue for compensation. You will need the best Houston medical malpractice lawyers to effectively present your case to the jury; you are invited to discuss your situation with the Kassab Law Firm at www.texaslegalmalpractice.com. Like us on our facebook page.
2 people like this post.