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Medical malpractice in healthcare can have disastrous repercussions for both providers and their patients. It occurs when healthcare professionals, such as doctors or nurses, fail to deliver services according to an accepted standard in similar or related circumstances.

Medical negligence can bring tremendous harm, from physical injuries and emotional distress all the way up to and including death to patients. 

Medical negligence has devastating repercussions that impact not only victims but their loved ones as well. Physical injuries, emotional turmoil, financial strain, and even deaths have resulted from malpractice cases committed against individuals by doctors or hospitals.

If you suspect medical negligence has affected you or a loved one, immediately contact a medical malpractice attorney to ensure you protect your rights and secure compensation for losses that have arisen from this. So speak with a Houston medical malpractice attorney today to learn more about how you can seek compensation for your injuries. 

Injured or Misdiagnosed? Houston Medical Malpractice Lawyer for Legal Support!

Overview

Medical malpractice refers to any failure by healthcare professionals to deliver the same standard of care a reasonable and prudent practitioner would deliver for similar or related circumstances, leading to physical injuries, emotional trauma, or even death for their patient(s).

Historical Context of Medical Malpractice

Medical malpractice has an expansive past that dates back centuries ago in ancient Greece and Rome. When first documented as a criminal offense, over time, medical malpractice became seen more as a civil issue rather than a crime.

Medical Malpractice in Legal Systems

Over time, laws regarding medical malpractice have evolved significantly. At first, patients found it hard to sue healthcare professionals for malpractice as the legal system required them to prove intentional harm done by healthcare providers. 

But over time, this changed; now, more healthcare providers may face liability even for acts done negligently without malice involved – leading patients easier access to their legal rights for claims related to negligence by healthcare professionals.

Importance of Patient Safety

Patient safety is of utmost importance within healthcare. Medical errors have serious repercussions that affect not only patients but their families as well. 

To increase patient safety, healthcare professionals need to remain aware of potential medical errors and take necessary actions in order to eliminate or at least mitigate their impact.

Role of Medical Professionals in Preventing Medical Errors

Healthcare professionals play a significant part in preventing medical errors. They can do so by:

Adhering to Safety Protocols

Healthcare workers should adhere strictly to any rules regarding handwashing or using only sterile equipment when handling patients or procedures.

Being Aware of Medical Errors

Healthcare professionals should recognize and take measures to mitigate medical errors.

Reporting Medical Errors

Healthcare professionals should notify their supervisors of all medical mistakes so that preventative steps may be taken against future occurrences.

By making sure the legal system addresses medical malpractice claims, we not only seek justice for affected patients but also promote an environment of accountability and continuous improvement in the healthcare industry.

Be sure to contact a medical malpractice attorney like Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. who may help claim compensation from manufacturers for you. We can assist in investigating your case, gathering evidence, and filing a lawsuit on your behalf. 

Examples of Medical Malpractice

Here are some common examples of medical malpractice: 

Misdiagnosis

When healthcare providers fail to correctly identify a patient’s condition, misdiagnosis often results in delayed or inadequate treatments that allow the underlying illness to worsen and lead to significant harm or even death.

Surgical Errors

Surgeons perform sensitive surgeries with precision; however, mistakes do sometimes happen. Surgical errors include everything from incorrect site surgeries and incisions to leaving surgical instruments inside patients’ bodies during procedures.

Medication Errors

Medication errors like prescribing, dispensing, and administering drugs can arise at multiple points in the pharmaceutical supply chain. These errors include prescribing incorrect medication doses or failing to account for potential drug effects. 

Birth Injuries

Medical malpractice during childbirth can have catastrophic repercussions for both mother and newborn alike, including improper use of forceps or vacuum extractors, failure to monitor fetal distress levels accurately, or negligent management of complications during delivery.

Anesthesia Errors

Errors with anesthesia administration include incorrect dosages, failed monitoring of vital signs, or administering it to individuals known to have allergies. Mistakes like these can cause brain damage, respiratory distress, and possibly fatalities.

Potential consequences and harms caused by medical malpractice can be severe and include:

  • Physical Injuries: Medical malpractice can result in physical harm, such as pain, disability, and even death.
  • Emotional Distress: Medical malpractice may also lead to emotional distress in the form of anxiety, depression, and post-traumatic stress disorder (PTSD). 
  • Prolonged Illness: Longer illness caused by medical negligence can result in lost wages, medical expenses, and financial strain for victims as they attempt to return from illness and work again.
  • Death: Medical negligence may even result in fatal outcomes; therefore, it’s crucial that those suspected of medical negligence seek legal assistance to understand their rights and options, including potential court representation if necessary. 

Types of Medical Malpractice Lawsuits

Medical negligence lawsuits typically fall into two distinct categories:

Negligence-Based Lawsuits

Negligence-based lawsuits are the most frequently pursued medical malpractice action. To successfully claim negligence by healthcare providers, plaintiffs must demonstrate:

Have a Duty of Care to their Patient

Healthcare providers were required to provide patients with care that a reasonably competent provider would in similar situations or circumstances.

Breach of Duty of Care

This refers to a healthcare provider failing to deliver a standard of care to a patient.

Resulted in Damages

This means the patient was harmed due to the healthcare provider’s breach of duty.

Healthcare Provider’s Negligence Was the Direct Cause of Patient Damages

This means that their negligence directly caused damage to the patient.

Intentional Misconduct Lawsuits

Although intentional misconduct lawsuits are rarer than negligence-based litigations, those filing these types of cases must show proof that the healthcare provider was intentionally acting unlawfully against them. To win such claims, you must prove the healthcare provider.

Intentionally Harmed You

This means that the healthcare provider took action with the intent to harm you.  

You Suffered Damages

Damage was sustained as a result of these intentional acts by the healthcare provider.

If you believe you or a family member have been the victim of medical malpractice, it’s essential that you speak with attorneys like those at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.. We understand medical malpractice and can help you get the compensation you deserve. 

How to File a Medical Malpractice Lawsuit in Houston

Steps involved in filing a medical malpractice suit include:

Obtain Medical Records

The first step in filing a medical malpractice suit should be gathering your medical records from the healthcare provider or hospital where the treatment occurred – this information will enable you to see what happened during treatment as well as any breaches in the standard of care breach by your healthcare provider. You can request these records directly.

Consult an Attorney

Once you have your medical records, consult with an attorney experienced in medical malpractice litigation like those at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.to better understand your rights and options or even represent you if necessary in court proceedings.

Filing Your Complaint

To launch your medical malpractice claim, you need to file a formal court complaint alleging negligence by your healthcare provider.

Discovery

After filing their lawsuits, both parties will engage in discovery – an inquiring process during which parties gather information from each other that includes medical records, witness statements, and expert opinions.

Trial

If parties cannot reach an agreement regarding settlement terms, their case will proceed to trial, where a judge or jury will make decisions about negligence. Should their findings be in your favor, damages could be awarded. 

Determining If You Have a Medical Malpractice Claim

Below are a few key guidelines to assist with identifying whether you may have a medical malpractice case:

Recognize the Elements of Negligence

Negligence refers to failing to use reasonable care when performing duties that result in a person’s harm. To establish negligence, you must prove four key elements: duty, breach, causation, and damages.

Gather Evidence

As soon as you’ve determined you may have a case, it is critical that evidence be compiled to support it. This may include medical records, witness statements, or expert opinions from healthcare providers.

Assess Damages

Assessing damages suffered as a result of medical negligence is of critical importance. Consider all physical, emotional, and financial problems caused by any negligent act or omission committed against you. 

If you suspect medical negligence has taken place, it is crucial that you seek legal advice immediately from a seasoned attorney. They can explain all your rights and options as well as represent you if necessary in court proceedings.

Were You Harmed By a Negligent Medical Professional? Contact Our Firm Today

Medical malpractice can have devastating repercussions for both patients and their families. When healthcare providers fail to deliver care that would meet reasonable and prudent professional standards under similar or identical conditions, malpractice occurs.

We can’t emphasize enough the importance of seeking legal assistance in case of medical malpractice. You can find yourself an experienced and qualified medical malpractice attorney at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.

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