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Dallas, Texas Medical Malpractice 101

Written by: Jason Eric Kipness

Reputation Level 14

Medical Malpractice Personal Injury

Posted over 2 years ago. Applies to Texas, 1 helpful vote, 0 comments

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What is medical malpractice?

Medical malpractice means when a doctor or other healthcare provider fails to practice medicine within the accepted standard of medical care expected of reasonable and prudent doctors and healthcare providers.

Who can be liable for medical malpractice?

Doctors, hospitals, nurses, pharmacists, dentists, nursing homes, hospital employees, and nursing home employees.

Are all bad outcomes considered medical malpractice?

No unless the bad outcome was caused by negligence. In order for there to be malpractice, one must show: (1) the doctor or healthcare providers did not meet with standard of medical care owed to the patient; (2) this failure was the cause of injuries; and (3) the injury resulted in compensatory damages.

What kind of medical mistakes can be malpractice?

failure to inform of risks before treatment; failure to treat a condition; failure to diagnose a condition; failure to anticipate a medical problem; failure to perform diagnostic testing; inappropriate medication administration/prescription errors; laboratory mistakes; misdiagnosis of a condition, birth injuries, surgical mistakes, anesthesia errors, improper use of medical procedure.

How does one determine if there is medical malpractice?

A medical malpractice attorney will need to review all medical records/films. After a preliminary review, the attorney will send the medical records/bills to a M.D. or other healthcare provider to determine if there is medical malpractice.

Why will no attorneys take my medical malpractice case?

It is very expensive to work up a medical malpractice case for trial. Costs can be in the tens and hundreds of thousands of dollars. Medical malpractice attorneys will only take cases where there is a good chance of success and the jury could render a large verdict. For example, it does not make economic sense to spend $50,000 to work up a medical malpractice if the jury will probably only render a $25,000 verdict.

How does tort reform affect my chances of having an attorney accept my case?

Tort reform in Texas has placed "caps" or limits on the amount of non-economic damages (e.g. mental anguish, pain, impairment, and disfigurement) a person can recover in a medical malpractice lawsuit. Once again, economics plays a role in an attorney's decision to take a case. If there is medical negligence but "caps" limit the amount of compensation, if the potential expenses to work up the medical malpractice case exceeds the "caps" the case is probably not economically viable for an attorney to take the case. For example, if a "cap" limits damages to $200,000 and it will cost $175,000 to work the case, an attorney will not accept it.

What should I do if I think there has been medical malpractice?

You need to speak with a medical malpractice attorney. You will need to discuss your memory of all medical treatment with the attorney and will need to bring a list of all doctors or healthcare providers. The attorney will need to have the medical records reviewed before a decision can be made to take the case.

What if there are complications from my surgery or a misdiagnosis, do I have a claim?

Not necessarily. There are no guarantees regarding the providing of medical service. A claim may only exist if there is negligence on part of the doctor or healthcare provider. Also, some diseases or conditions are difficult to diagnose and a misdiagnosis does not always equate to malpractice.

What type of compensation is available in a medical malpractice case?

Compensation can be given for medical bills, future medical care; lost wages, future loss of earning capacity, pain, disfigurement, mental anguish, and impairment.