When we visit a medical professional, we expect them to treat us with the highest level of care possible. Unfortunately, negligent acts happen and can cause severe injuries to patients. At Hartley Law Firm, we understand how frustrating it can be to suffer injuries after you trusted your care to a physician or another healthcare provider. If you or a loved one sustained injuries due to medical malpractice, our lawyers are here for you. Our Garland medical malpractice lawyers will fight for you and help you pursue the compensation you deserve.
What Is Medical Malpractice?
Medical malpractice is a negligent act or omission by a doctor or other healthcare provider. To bring a medical malpractice case, you will have to prove the four elements of negligence. These elements are:
- Duty of care
- Breach of the duty of care
Duty of Care
A duty of care is a legal obligation that requires a person to act as an ordinary reasonable person would act in the same situation. Doctors and other healthcare providers also have a duty of care. Their duty of care requires them to act as a reasonable, ordinary healthcare provider with the same level of experience would act given the circumstances.
You must also show the healthcare provider owed you a duty of care when your injury occurred. Many times this is proven by showing there was a doctor-patient relationship between you and your healthcare provider.
Breach of the Duty
A breach of duty means the doctor or healthcare provider did not fulfill their duty of care. In other words, the healthcare provider did not act as a similar, reasonable healthcare provider would have acted in the same circumstances. For example, a doctor who prescribes the wrong medication might have breached their duty of care.
You must show the healthcare provider’s breach of duty caused your injury. Causation means that, but for the breach of the duty by the physician, you would not have suffered an injury. You must prove causation to recover compensation. Following the illustration above, if you show that, but for your doctor prescribing the wrong medication, you would not have experienced a stroke, then you have proven causation.
To recover compensation in a medical malpractice claim, you must also show damages. To show damages, you must show you suffered injuries or other harms you can be compensated for. If there has been no harm, you will not be able to recover compensation. Suffering a stroke is an example of damages. Other types of damages include medical costs you incurred because of malpractice, lost wages, and pain and suffering.
Common Examples of Medical Malpractice
There are multiple possible types of medical malpractice that a doctor, nurse, or another type of healthcare provider might commit.
A misdiagnosis by a physician or healthcare worker is not always considered medical malpractice. If the misdiagnosis meant that you did not get the proper medical care or did not get any treatment at all, then it may be malpractice. A misdiagnosis that delayed your treatment might also be malpractice, and you can potentially recover compensation for your injuries.
Unfortunately, there are a variety of surgical errors that might occur due to negligence or malpractice. These might include the following:
- Operating on the wrong site or wrong side of the body,
- Operating on the wrong patient,
- Leaving surgical instruments in the body, and
- Causing nerve damage.
If you suspect you have suffered harm because of a surgical error, contact the experienced Garland medical malpractice lawyers at Hartley Law Firm. We can help answer any questions you might have and help you file a medical malpractice lawsuit if you are eligible.
Childbirth injuries can involve injuries to the mother or the child. When a medical provider is negligent, injuries to the mother during labor and delivery might include:
- Damage to internal organs,
- Failure to control bleeding,
- Uterine rupture, and
Likewise, errors by healthcare professionals can cause serious harm to the child. Common examples of birth injuries a child can suffer include the following:
- Bone fractures,
- Skin and soft tissue injuries,
- Cephalohematoma, and
- Neonatal brachial plexus palsy.
If you believe you or your child suffered birth injuries because of your healthcare provider’s negligence, the knowledgeable attorneys at Hartley Law Firm are here to fight for you.
Malpractice might have also occurred if a healthcare provider gave you the wrong medication dosage or provided you with the incorrect medication altogether. In either case, this is a severe mistake that can cause adverse effects, overdose, or even death.
Anesthesia mistakes can have grave consequences for patients. Complications can include nerve injuries, blood clots, respiratory difficulties, and other issues. Types of negligent errors that can cause injury during anesthesia administration include:
- Failing to monitor the patient,
- Failing to notice complications,
- Administering the wrong dose,
- Failing to properly intubate the patient, and
- Failing to monitor oxygen delivery.
It is critical that you contact a medical malpractice attorney if you have been a victim of one or more of these errors. A medical malpractice lawyer can help you understand your legal rights and options.
How Our Attorneys Can Help You
If you or a loved one suffered harm due to medical malpractice, Hartley Law Firm is here to help. Our experienced malpractice attorneys can help you gather evidence, calculate your damages, and advocate on your behalf so that you can focus on recovering. Austin Hartley has significant trial experience and was named Litigator of the Year in 2021 by the American Institute of Trial Lawyers. Contact us today to schedule a free consultation.