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What Constitutes a Medical Malpractice Lawsuit?

Every day, patients in San Antonio put their trust in medical professionals to take care of them and ensure they are healthy and safe. Whether you are going in for a checkup or undergoing a more involved procedure, you expect healthcare workers to approach your care with respect and competency. Many patients, however, do not receive the appropriate standard of care when they visit the doctor and deserve the help of a San Antonio medical malpractice attorney.

Medical Malpractice in San Antonio: Why It Matters

While medical malpractice might strike many people as a rare occurrence, a 2016 study conducted by researchers at Johns Hopkins Medicine revealed that preventable medical errors are, conservatively, the third leading cause of death in the United States. In other words, medical malpractice is a pervasive issue in this country and patients are paying a deadly cost.

Because the frequency of medical malpractice is a symptom of a larger medical culture that overworks doctors, limits time with patients, and treats the word of healthcare workers as law, pursuing a medical malpractice claim in San Antonio is a huge step toward protecting yourself and others from a broken system. To go against such a powerful adversary, you will likely need the help of an expert lawyer. Thankfully, the San Antonio hospital negligence attorneys with Carabin Shaw are here to listen to you, investigate, and pursue compensation on your behalf.

Common Types of Medical Malpractice

If you suspect that you or someone you love has been a victim of medical malpractice, you are probably wondering what constitutes a medical malpractice lawsuit. The answer is complicated because the same medical error can have different effects. However, all medical malpractice claims have to prove two things:

  1. That a healthcare worker violated the “standard of care” and administered treatment that other healthcare workers, in the same or similar circumstances, would find unacceptable.
  2. That a hospital, doctor, nurse, or other healthcare worker harmed a patient by a negligent act or omission.

Medical malpractice may include any of the following:

  • Disregarding patient history
  • Failure to diagnose
  • Failure to order proper tests
  • Failure to recognize symptoms
  • Improper medication or dosage
  • Misdiagnosis
  • Misreading laboratory results
  • Ordering unnecessary surgery
  • Poor follow up
  • Premature discharge

A San Antonio medical malpractice lawyer with Carabin Shaw can also discuss cases involving informed consent with you. According to the American Medical Association (AMA), patients have “the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about care.” To put it another way, patients should have enough counsel and information to either approve or refuse a course of medical treatment.

How Hiring a Lawyer Can Help You

Every medical malpractice case has a burden of proof, which means that the plaintiff, the harmed patient, must prove that the healthcare provider did something wrong. Sifting through dense records, questioning the appropriate opposing parties, and handling complex legal proceedings is not something the average person can do without help—mainly because what constitutes a medical malpractice lawsuit varies from case to case. Carabin Shaw, a San Antonio medical malpractice law firm, has the resources and knowledge to pursue any variation of claims against a hospital.

According to the American Board of Professional Liability Attorneys (ABPLA), the most successful malpractice cases have a clear record of how imprudent medical treatment caused significant damage to the patient. These damages could involve:

  • Costly past and future medical bills
  • Disability
  • Loss of income
  • Suffering and distress
  • Unusual physical pain

If any of these symptoms sound familiar to you, reach out to the San Antonio hospital negligence attorneys with Carabin Shaw today.

Call Carabin Shaw Today

Figuring out what constitutes a medical malpractice lawsuit can be complicated, and you should not have to go through this process alone. If you live in San Antonio, your best option for success includes one of the successful lawyers at Carabin Shaw. Our team knows how personal these cases are, and we promise to approach yours with compassion. We will not charge you unless we win your case, and your initial consultation is free.

Call our San Antonio office today at 210-222-2288 or toll-free at 800-862-1260. We are here to listen.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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