Dallas Medical Malpractice Attorney
Representing Cases of Medical Malpractice & Negligence
Medical malpractice is professional negligence by act or omission by a healthcare provider in which the treatment provided falls below the standard of practice in the medical community and causes injury or death to the patient.
Did you know that medical mistakes are among the top causes of personal injury in the United States? Medical malpractice is far more common than the general public knows. The moment you step into a doctor's office, minor emergency clinic, receive an allergy shot or are wheeled into the OR, you are surrounded by the very real possibility of medical malpractice.
You expect medical professionals, often with decades of experience, to monitor your well-being while under their care. Anesthesia, commonly prescribed medications and simple blood pressure tests are all subject to medical error. Even misreadings and drug interactions leave room for error. There is no room for error when your life is at stake. However, with an inherent trust for physicians and medical professionals, you don't second-guess them. They are trained to dot every i and cross every t, right?
We've Recovered over $ 93,000,000 for Our Clients
Don't be a passive victim. If you or a loved one has suffered medical malpractice, we urge you to call a Dallas personal injury lawyer at The Law Office of WT Johnson for a free medical malpractice consultation right away. We closely investigate every action and decision taken by your health care providers to shine our own expert spotlight on negligent or egregious behavior.
Requirements for a Medical Malpractice Claim in Dallas
Before you file a medical malpractice claim, you must be able to prove the following:
- A doctor-patient relationship existed. You must be able to show that a physician-patient relationship existed before you file a claim against your doctor. This means you hired the doctor and they agreed to be hired. It isn't difficult to prove a doctor-patient relationship if the doctor began seeing you and treated you.
- The doctor was negligent. When a doctor has been negligent, this means they have not been reasonably skillful and careful in your diagnosis or treatment. You cannot sue a doctor simply because you are not happy with your treatment or results. You must be able to prove that the doctor caused you harm in a way that any other doctor under the same circumstances, would not have.
- The doctor's negligence caused your injury. Determining whether or not the doctor caused a patient harm can be difficult, considering most medical malpractice cases involve patients who are already sick or injured. A patient must be able to prove that it is more likely than not the doctor's incompetence that caused the injury.
- The injury led to specific damages. Even if a doctor's performance was not up to medical standards, the patient can't sue for medical malpractice if they did not suffer any harm. Types of harm a patient can sue for include physical pain, mental anguish, additional medical bills, and lost work or earning capacity.
Types of Medical Malpractice
There are a number of different situations that can lead to medical malpractice. The most common claims fall into one of these few categories.
Failure to Diagnose
If a doctor would have discovered a patient's illness or diagnosed them in a way that would have had a better outcome for the patient than the one achieved, then the patient would have a practical medical malpractice claim.
If a doctor mistreats a patient, the patient may have a medical malpractice claim. It may also be considered medical malpractice if the doctor administers the correct treatment but does it incompetently.
Failure to Warn a Patient of Potential Risks
It's a doctors job to notify a patient of any known risks of a procedure or course of treatment. If a properly informed patient chooses to forego a procedure, the doctor may still be liable for medical malpractice if the patient is injured in a way that the doctor should have warned could happen.
Do You Have a Malpractice Wrongful Death Claim?
In a hospital or medical setting, a wrongful death case can arise if a patient dies as a direct result of the negligence or wrongdoing of a medical professional. Doctors, surgeons, nurses, anesthesiologists and other medical professionals are required to provide reasonable care to patients.
Medical malpractice happens when medical professionals fail to provide an adequate level of care, or if they act in a way other medical providers would not behave in a similar situation.
What Constitutes Fatal Medical Malpractice?
Not all people who die while in the care of a medical professional are victims of medical malpractice. Many patients are vulnerable long before they seek out medical attention and might not have survived even with proper care. This is why an investigation will need to take place that will determine if medical malpractice took place and if the victim's death was a result of negligence.
Examples of medical malpractice that can lead to a wrongful death case include:
- Failure to diagnose cancer
- Misdiagnosis or delayed diagnosis that leads to death
- Improper care
- Issuing the wrong drug dosage or prescription
- Surgical errors
- Failure to administer treatment correctly
- Failure to adequately inform patients of risks associated with certain treatment methods
There are many acts of negligence that can prove deadly for patients. If a surgeon leaves a sponge or medical instrument inside a patient, it could result in a deadly infection. If a doctor fails to order tests when a patient clearly exhibits signs of a serious condition, it could result in death as well.
Doctors who make fatal mistakes should be held accountable for their wrongdoing. Families that have tragically lost a loved one because of the negligence of a medical professional should get financial compensation for their loss.
Understanding the Process
Not everyone who has lost a loved one through medical malpractice can file a wrongful death claim. Under Texas laws, the person filing the claim should be the victim's closest surviving relative, like a spouse, partner, child or parent. It is also common for the executor or administrator of the victim's estate to file the claim. When there is no surviving spouse or parents, the victim’s children may file a claim for their losses.
The plaintiff who has filed the claim can pursue support for a number of different losses that include:
- Funeral and burial expenses
- Lost earnings
- Lost employment benefits
- Medical bills
- Pain and suffering
- Emotional distress
Anyone who was financially dependent on the victim can pursue damages for their loss of support as well.
Texas Medical Malpractice Case Results
- $1,250,000 - Medical malpractice case over confidential matter
- $400,000 - Medical malpractice case over confidential matter
- Confidential Settlement - Medical malpractice case involving sponge left in client
Click here to see more case results.
Frequently Asked Questions about Medical Malpractice
Q: Can you file a medical malpractice claim against someone other than your doctor?
A: A medical malpractice suit can be filed against any health care provider. This includes hospitals, doctors, nurses, technicians, physical therapists, and optometrists.
Q: How do I know if I have a medical malpractice case?
A: A bad medical result doesn't necessarily mean you have a medical malpractice case. Generally, you must have a medical expert testify that no reasonable medical provider would have done what your doctor did. You must also prove that the negligence of your doctor was the primary reason for the injury or death.
Q: What is medical malpractice “standard of care”?
A: State law determines how negligence is defined, but standard of care is usually determined by the medical community. The question is, whether any reasonable doctor would have done what the doctor in question did. Defining the standard of acceptable practice comes from a medical expert's experience, medical texts, and literature and publications from groups such as the American College of Obstetricians and Gynecologists. In most cases, the standard of care the doctor was lacking must be established at trial by expert testimony.
Take Action Now
Many states have a statute of limitations on medical malpractice claims. Don't lose your opportunity to recover compensation or restitution. You need hard facts about restitution for loss of work, loss of enjoyment of life, stress, affected relationships and more.
Our Dallas Medical Malpractice Attorneys are Experts
We are ready, willing and able to help you receive your due for the medical mistake that disrupted your life. Unable to travel to our offices? Our Dallas medical malpractice attorneys will come to you to assess your claim. With more than 25 years of medical malpractice experience, we know how to efficiently review the details of your case.
Our 25 years of experience includes:
- Birth injuries
- Late cancer diagnosis
- Incorrect drug administration
- Improper setting of broken limbs
- Radiological errors
- Surgical errors
- Improper medical billing
- And much, much more.
If you're serious about getting the compensation you deserve, call us at (800) 738-4046 today.
Additional Information About Medical Malpractice
- Medical Malpractice Blogs
- Medical Malpractice Injuries that May Cause Paralysis
- IVC Filter Injuries on the Rise in Texas (And Nationwide)
- 5 Causes of Surgery-related Medical Malpractice Cases
- Types of Medical Malpractice
- Proving Medical Malpractice Through Misdiagnosis
- How To Fight A Misdiagnosis
If you would like to discuss your claim with a member of our team, don't hesitate to call us at (214) 231-0544. We're ready to help you, and won't rest until you receive the settlement you deserve.