How is Medical Malpractice Proven? Odessa Medical Malpractice Lawyer
If you live in Odessa, you’ve likely put your trust in a local doctor. Like all patients, you expect clinicians to do their best to make you well. For the most part, they’re successful in this mission, but there are times when they fall short. Medical malpractice occurs when a healthcare professional deviates from industry standards of care and injures a patient as a result. If you suspect you were a victim of negligence, an Odessa medical malpractice attorney can put their knowledge to work on your case.What Is Medical Malpractice?
Medical malpractice occurs when a physician is negligent and causes harm to a patient as a result. Medical malpractice attorneys serving Odessa can sue to help you recover damages under Chapter 74 of the Civil Practices and Remedies Code. But how is medical malpractice proven? For a successful suit, your representation will need to demonstrate the following:
- A doctor-patient relationship: Your medical records should establish the connection you have with your doctor. Your physician had to follow “standard care” procedures, or a treatment that any “reasonably prudent” health care worker would find acceptable under “like or similar circumstances.”
- Your physician violated the standard of care: If your doctor, nurse, or hospital acted imprudently, then they might be responsible for medical malpractice. Your lawyer can prove this by reviewing your medical records and conferring with other doctors to see what they might have done in similar circumstances.
- Your physician’s negligence caused injury: Sometimes, it’s challenging to prove that negligence caused your specific injury because many patients have more than one malady at a time. However, an Odessa medical malpractice lawyer can make this connection.
- Your injury led to specific damages: In your Odessa medical malpractice case, you will have to show how your doctor’s negligence caused damages. Disability, loss of income, and past and future medical bills are some common itemized losses. Depending on the extent of your injuries, you can also claim pain and suffering.
Medical malpractice occurs more frequently than most people realize. According to a survey from the Institute for Healthcare Improvement and the National Patient Safety Foundation, 21% of adults report experiencing a medical error. Furthermore, the study found that, when errors occur, they often have a lasting effect on patients’ physical health, emotional wellbeing, and relationships.
Medical malpractice deaths are common, too. Researchers at Johns Hopkins Medicine found that, as of 2016, preventable medical mistakes are “the third leading cause of death in the United States” behind heart disease and cancer. Attorneys know that these deaths can saddle surviving family members with massive debt and sorrow.What You Can Do About Medical Malpractice
While not many people move forward with malpractice claims, those that do have received significant payouts. In the United States, insurance paid $3.9 billion to victims of medical malpractice in 2017 alone. According to the National Practitioner Data Bank, $100 million to $300 million of those claims were in Texas. If you experienced Odessa medical malpractice, you deserve to count yourself among this group. Medical malpractice attorneys serving Odessa are ready to do their part to help you secure compensation.Want a Successful Settlement? Call Carabin Shaw
If you experienced medical malpractice and misdiagnosis in Odessa, you deserve to have an accomplished lawyer on your side. At Carabin Shaw, we promise to handle your claim with care. While compensation cannot take away your emotional trauma, it can relieve some of the financial stress you’ve taken on because of medical negligence. A successful lawsuit also holds the offending physician accountable for his or her mistakes, which is crucial to evening the scales of justice.
We offer a free initial consultation, and all of our cases are contingency fee. These contracts guarantee that you will not need to pay us unless we win your case.
To get in touch with an attorney in Odessa, call 800-862-1260.