Being the victim of medical malpractice can be devastating. Patients who are injured due to medical negligence may suffer for the rest of their lives, depending on the extent of their injuries. But when one has unexpected results after a medical procedure or treatment, it can be hard to understand if medical malpractice was the cause. By understanding the basics of medical malpractice, victims can know their legal options in pursuing a case against health care providers and facilities.
What is medical malpractice?
The basic definition of medical malpractice is when a health care provider harms a patient due to negligence or lack of proper care. This may involve misdiagnosis, lack of diagnosis, improper treatment and prescribing the wrong medication. When medical care providers don’t follow standard care protocols, this can lead to serious injury or illness. When a patient is injured due to medical malpractice, they may have lifelong health concerns.
There are four elements to deciding if medical malpractice was a factor in a patient’s injuries. First, a medical relationship must be established between the provider and the patient. Then a breach of professional duty must be proven, and that breach must have harmed the patient in some way. Lastly, the harm caused by the negligence on part of the provider must have caused damages to the patient.
A patient who is injured due to negligence by their health care provider has legal options. They may be able to pursue a medical malpractice claim against the provider, the care facility or both, depending on the circumstances. Speaking with a Texas attorney that has experience in pursuing medical malpractice cases can provide insight into the best way to proceed forward.