When Is a Doctor’s Mistake Malpractice?

LAW BLOG  •

December 3, 2018

Medical malpractice is a serious – and sometimes deadly – form of professional negligence. It occurs when a health care practitioner fails to use the accepted standards of care when diagnosing or treating a patient, resulting in patient harm. Recognizing medical malpractice is one of the first steps toward obtaining compensation with a civil claim as a victim.

Proving Medical Malpractice

Medical malpractice claims are complex, and unfortunately difficult to win as an injured patient. If you have the correct elements of a case, however, you can improve your odds of success. As the plaintiff, it is your burden to demonstrate that the physician’s mistake fulfills the requirements of medical malpractice in your state. Four main elements prove that a doctor’s mistake qualifies as malpractice.

  1. First, your lawyer must show that the doctor had a special relationship with you. In other words, that a patient-doctor relationship existed. This relationship comes with certain duties all doctors owe their patients during diagnosis, testing, and treatment. All physicians owe their patients certain duties of care.
  2. Second, your lawyer must show the doctor breached his/her duties of care when he/she made the mistake in question. The mistake must be something serious enough to constitute a breach of duty. A simple error in judgment could be enough, if it causes you harm.
  3. Third, your lawyer must demonstrate a connection between the doctor’s breach of duty and the damages in question. The physician’s mistake must be the proximate cause of your illness or injuries for the doctor to absorb liability, not something such as the illness itself or a defective medical product.
  4. Finally, your attorney will provide evidence of the damages you suffered because of the physician’s negligent mistake. These damages may include physical injury or illness, hospital bills, pain and suffering, and lost wages. Without damages, you will not have grounds for a claim against the doctor.

Medical malpractice claims often take testimony from a medical expert to prove negligence or breach of duty. Generally, if a reasonable and prudent doctor of a similar profession would not have done the same thing in similar circumstances, the defendant’s mistake could constitute malpractice. An attorney can hire experts and otherwise help you prove a difficult medical malpractice case.

Common Examples of Medical Malpractice

Malpractice claims can have several complex issues, including informed consent, assumption of risk, terminal illnesses, and analysis of damages. Reviewing some of the most common causes of medical malpractice claims can help determine whether you have grounds for a case.

What kind of frequent physician mistakes qualify as malpractice?

  • Misdiagnosis or failure to diagnose
  • Medication/prescription errors
  • Surgical errors or anesthesia mistakes
  • Pregnancy, labor, or birth injuries
  • Lack of proper patient care
  • Emergency room mistakes

In Texas, your attorney must establish that the health care professional breached the standard of care during your treatment. If your lawyer can do that, and prove that this breach caused your damages, you likely have grounds for a malpractice claim. Some types of malpractice, such as operating on the wrong body part, are blatant. Others can be more difficult to recognize.

How to Strengthen Your Malpractice Claim

Speaking with a medical malpractice attorney about your incident can help you determine whether you have been the victim of this type of professional negligence. Claims do not require a medical malpractice affidavit of merit but hiring an attorney who can hire experts may be in your best interest anyway.

You have two years from the date you discover the injury to bring your claim. You may have more or less time to file a lawsuit, however, depending on the situation. The statute of repose on malpractice claims in Texas is 10 years from the date of the incident. Discuss your case with an attorney to identify your specific deadline.

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