What Is Medical Malpractice?
At Carabin & Shaw, our attorneys understand that medical malpractice can happen when you least expect it, and when you are least prepared to handle the aftermath on your own. If you or someone you love in Del Rio or the surrounding region has suffered at the hands of negligent physician, you may be entitled to financial compensation for your pain, losses, and expenses.
Across the state, victims of medical malpractice claim more than $100 million in compensation annually. While this is indeed encouraging for patients in small towns like Del Rio who have suffered through a malpractice incident, it also represents the prevalent and present nature of malpractice suits. What is medical malpractice, and how can you detect it?What Is Medical Malpractice?
By definition, medical malpractice occurs when a nurse, physician, or other medical professional breaches the duty of care to which every patient is entitled through either neglect, inattentiveness, or faulty decision-making. But what specific instances are considered medical malpractice, and how can you detect it when it happens to you or a member of your family?
At the very source of a medical malpractice claim lies the intersection of negligence and accountability on behalf of the attending physician.
First and foremost, it is important to understand the difference between negligent malpractice and the inherent risk of failure associated with all medical procedures. Doctors may commit errors in judgement based on unforeseen complications or rare circumstances without constituting malpractice; however, if a lack of commitment and effort to act swiftly, reasonably, and cautiously is blatantly apparent, any damages, setbacks, or other malignant consequences may be considered malpractice.
Del Rio medical malpractice claims are warranted if a doctor or nurse has failed to execute a few basic actions which comprise the concept of ‘duty of care’ in the doctor―patient relationship. Some of the most common forms of medical malpractice include:
- Late diagnosis
- Wrongful administration of medication
- Tunnel vision
- Lack of cleanliness
- Lack of informed consent
Fortunately, in cases of medical malpractice in Del Rio, there are a few things you can do right away to improve the strength of your case and mitigate accrued damages before you call a lawyer from Carabin & Shaw to help guide you through the process of compensation. If you are wondering if your case warrants a medical malpractice claim and the assistance of a Del Rio medical negligence attorney, there a few components that comprise the burden of proof which rests upon the victim. They are:
- an established presence of a doctor to patient relationship, or any other relationship that suggests a duty of care;
- evidence of negligence on the part of a medical professional, doctor, or hospital; i.e. proof that the standard of care was clearly below average or expectations;
- and a failure to execute the basic service of care that has injured or outwardly harmed the patient in some manner.
Many cases of medical malpractice often extend beyond just the attending physician. Accountability in malpractice claims can vary dramatically based on each individual situation. Depending upon a case’s circumstances, various other third parties can be held accountable in a malpractice claim, including:
- Pharmaceutical companies
- Third-party services
To understand the specifics regarding what medical malpractice is and how it pertains to your particular situation, attaining the guidance of a knowledgeable Del Rio area attorney can be the difference between restoring your life and dealing with the repercussions of your mistreatment long afterward.
At Carabin & Shaw, our lawyers have more than 20 years of experience fighting for the rights of all our clients. We will stop at nothing to see you secure the maximum compensation for damages and losses suffered at the hands of a negligent Del Rio medical staff or facility.
We have attorneys standing by to answer all your questions regarding medical malpractice. In fact, we offer all potential clients a cost-free, obligation-free initial consultation to help educate and make you aware of your best options moving forward. We even have Spanish-speaking attorney options for our bilingual clients. Call the lawyers from Carabin & Shaw day or night, toll-free, at 1.800.862.1260 today.