Below is a brief discussion of medical malpractice in Texas.
1
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.
2
Who can be liable for medical malpractice?
Doctors, hospitals, nurses, pharmacists, dentists, nursing homes, hospital employees, and nursing home employees.
3
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.
4
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.
5
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.
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