Medical negligence is one of the leading causes of patient harm and death in the United States. In fact, according to the Journal of the American Medical Association, medical negligence is the third leading cause of death in the United States.
If your health care provider has acted negligently, you may be eligible to pursue a medical malpractice suit and you may be entitled to compensation for your pain and suffering, as well as any financial costs accrued.
Types of Medical Malpractice in Texas
Medical malpractice refers to any instance a healthcare provider acts negligently or deviates from the accepted standard of care. Medical malpractice can present itself in a number of ways including:
- Surgical errors, such as leaving a piece of equipment inside of the patient or operating on the wrong person/body part;
- Diagnosis errors, such as failing to diagnose a serious disease such as cancer or misdiagnosing a patient;
- Childbirth errors which may occur either during pregnancy or delivery;
- Medication errors, such as prescribing the wrong type of medication or the incorrect amount; and
- Sanitation or procedural errors that result in an infection or other medical malady for the patient.
If you’ve suffered from any of the above forms of medical malpractice or another type that’s not listed, you have options available to protect your rights.
Determining Medical Malpractice in Texas
In some cases, medical malpractice is easy to prove. In other cases, though, proving medical malpractice requires jumping through many hoops, as patient harm isn’t always necessarily the result of a healthcare provider’s actions.
If you suspect that you’ve been the victim of medical malpractice, the first thing that you should do is to contact an experienced medical malpractice attorney, such as our experienced team at Tate Law Offices. An attorney will help you to better understand how to prove negligence, what forms of compensation you may be entitled to, and will guide you through the claims filing process.
Types of Compensation in Texas
If you believe yourself or a loved one to be a victim of medical malpractice, you may be entitled to damages and compensation in the form of the costs of any medical bills you’ve accrued; wages lost; future wages lost; future medical bills; pain and suffering; and loss of consortium. Loss of consortium refers to the non-tangible benefits that a person provides to their spouse or children, such as companionship. If you have lost a loved one due to medical malpractice, you may be eligible to receive all of the benefits listed above.
In 2007, $5.39 million was awarded in a medical malpractice suit in Seattle when their family member, a 30-year-old man, died four days after visiting a Seattle emergency room. The emergency room doctor failed to identify a tear on the man’s aorta, which resulted in his death.
In Boston, another family was awarded $4.5 million this year when Geraldine Moran, age 62, received surgery for a broken rib at a Massachusetts hospital. Shortly afterwards, Moran was pronounced dead due to a puncture in her aorta, which was the result of a broken rib. After only two weeks in court, the hospital settled.
Taking Action After Medical Malpractice in Dallas, TX
If you suspect that you’re the victim of a personal injury or wrongful death case as a result of medical malpractice, you should take action immediately. Contact us for a free consultation and we’ll review your case to see if your situation warrants a medical malpractice or negligence suit against the care provider.