What is considered medical malpractice?
Medical malpractice is defined as professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes the victim injury, trauma, or wrongful death. This can include ignoring procedures, not acting in a timely manner, etc.
It’s important to remember though, that a bad outcome to a medical procedure is not automatically “medical malpractice.” The treatment provided must fall below the accepted standard of practice in the medical community in order to constitute a medical malpractice claim. I hear a lot of people complain about medical malpractice lawsuits simply because they do not understand this concept. People often say “why sue the doctor who was only trying to help you?” If the doctor’s treatment did not fall below the accepted industry standard, he or she did not commit medical malpractice in the eyes of the law.
Here are a few instances that may be considered medical malpractice:
- Not monitoring a patient’s vital signs in a proactive way, leading to the death of the patient.
- Leaving foreign objects inside a patient’s body, causing the victim discomfort and long-term health problems.
- Not treating a health condition in a timely manner.
- Failure to diagnose, or misdiagnosis of an illness, disease, or any other medical condition.
- Birth injuries (such as cerebral palsy) caused by leaving the baby in the birth canal for too long during delivery.
- Performing wrong site surgery (when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether).
See more on “what is medical malpractice?”
How much is my medical malpractice case worth?
While no one can compensate you for the loss of your health or a permanent injury, the justice system is set up so that you can recover monetary compensation after a medical mistake depending on what you lost due to the medical mistake and what the error cost you.
Medical malpractice cases take into consideration a number of factors when it comes to determining the value of your case. Your payout largely depends on the losses you suffered as a result of the medical error.
Your losses (damages) could include:
- The cost of your current and future medical needs.
- Whether you lost wages or the ability to work.
- The severity of your injuries.
- Whether pain and suffering were involved.
- Other influences of the injury on your life.
- Any pre-existing medical conditions.
- The degree of negligence of the doctor.
It is also important to remember that there are medical malpractice caps in Texas that may limit your reward. Since 2003, medical malpractice injury victims have been limited to collecting $250,000 in non-economic damages, such as pain and suffering and mental anguish. There are no caps on economic damages, including medical bills and lost wages.
Do you have a potential Dallas medical malpractice lawsuit that you would like to discuss with a Texas attorney? Call the Rasansky | McKenzie Law today to schedule a meeting with an experienced lawyer and learn more about your legal options.
Can I sue for medical malpractice in Texas after a medication error?
When most people think about hospital errors and medical malpractice lawsuits, they think about mistakes in the operating room or surgical errors. However, medication errors are one of the most common types of medical malpractice; especially in newborn children. Medication errors take place on a daily basis in Texas, and many of these mistakes can have dire consequences including permanent health issues, pain and suffering, and even wrongful death.
It’s important to understand that while the correct dosage taken for the correct reasons can have health benefits and even save lives, a wrong dose or the wrong medication can cause serious medical problems. You may be able to recover compensation from the hospital following such an error, but it’s important to discuss the facts of your case with an attorney before you make any decisions.
If you or a loved one has been harmed because of a medication error caused by a hospital, a doctor, a nurse, pharmacy, or another medical professional, you should speak with a Dallas medical malpractice attorney about the particulars of your case. Contact Rasansky | McKenzie Law today at (214) 651-6100 for a free consultation.
If my surgery doesn't go as planned, is it medical malpractice?
It is very important to understand that some surgical errors and medical mistakes are caused by negligence and carelessness, while others are simply unpreventable complications. If you or a loved one suffered from serious surgical complications, it is vital for you to determine why the complications took place and whether or not a doctor, nurse, or hospital was to blame for the issue.
Medical procedures, medical malpractice law, and medical errors can be difficult to understand – speaking to a Dallas Texas medical malpractice lawyer about the details of your case can help you determine whether or not you should pursue damages.
When it comes to medical malpractice, what does standard of care mean?
When questioning whether or not a doctor committed medical malpractice, attorneys and medical experts must first determine if the practitioner met the accepted standard of care. But what is the standard of care? Very simply, the accepted standard of care is based on how a doctor in the same field with the same qualifications would have acted in the same situation. For example, if a patient believes that his doctor was negligent in ordering the proper tests after a heart attack, whether or not that doctor is guilty of medical malpractice depends upon which tests other heart doctors would have ordered and what the outcome would have been. To learn more about the accepted standard of care in your own case, contact a Dallas medical malpractice attorney today.
Is misdiagnosis considered medical malpractice?
If a Texas doctor has misdiagnosed a disease, illness or condition – and that misdiagnosis harmed your health – you may very well have a TX medical malpractice case. A misdiagnosis can lead to the wrong treatment for your ailment as well as a delay of the right treatment – two medical mistakes that can prove to be extremely harmful and even deadly. In some cases, a misdiagnosis may take place because of doctor negligence, misread medical tests, mixed up medical tests, or the failure to order the correct medical tests. Common misdiagnoses include cancer misdiagnosis, clogged artery misdiagnosis, heart attack misdiagnosis, heart disease misdiagnosis, tumor misdiagnosis, and infection misdiagnosis.
What is the first step in pursuing a medical malpractice claim?
Step #1 is to call a medical malpractice attorney. Since substantial evidence is needed to prove your case, you may be asked to sign release forms. This gives your attorney permission to access your medical records that need reviewing by experts.
How do I know if I need a medical malpractice attorney?
If you feel that you or a loved one has suffered further injury due to the negligence of a medical professional, it is in your best interests to at least discuss your case with an attorney. We offer free consultations in order to help explain your options moving forward.
Due to Texas’ tort reform laws, bringing a medical malpractice case involves overcoming significant hurdles, including hiring an expert witness within 120 days of filing suit. While a medical malpractice attorney would never go to court without an expert witness, hiring a medical expert is usually very expensive. Our attorneys handle these cases on a no-win, no-fee basis in order to ensure that you never have to pay a penny unless we put money in your pocket.
What is the medical malpractice statue of limitations in Texas?
Generally, you have two years from the date of the medical mistake or doctor error to file a Texas medical malpractice lawsuit. However, there are some important exceptions:
Because the laws surrounding the statute of limitations on Texas medical mistake claims can be extremely complex, it is important to speak with an attorney as soon as possible after a doctor error. Call Rasansky | McKenzie Law today to speak with a knowledgeable, experienced Dallas Texas medical malpractice attorney.
Are there any medical situations when informed consent is not needed?
“Informed consent” is a legal and medical term that refers to a patient’s right to know about the risks involved with a course of treatment or medical procedure before he or she decides in favor of a recommended treatment plan or medical procedure. When a doctor does not provide information about possible risks and the patients is injured as a result of the procedure or treatment, that patient may be able to sue his or her doctor for medical malpractice.
There are important exceptions to the informed consent rule:
- The patient is unconscious. A patient who is unconscious cannot give informed consent.
- Emergencies. In an emergency, a doctor must act quickly to save a life. If stopping life-saving efforts and describing the risks of a procedure will cause a delay that puts the patient’s life further at risk, then the doctor does not need to obtain informed consent.
- The patient is mentally incapacitated or emotionally fragile. If a doctor knows that his patient is so distressed that he or she will refuse necessary treatment, the doctor may not be required to get the patient’s informed consent. In addition, if a doctor believes that the details of a procedure will make a physically frail patient sick with anxiety, he may choose to withhold some information. However, the doctor must be able to demonstrate exactly why the risks of the procedure were not disclosed to the patient.
If you believe that your doctor behaved inappropriately, caused you harm, or put your life in unnecessary risk, you may have a Texas medical malpractice claim. To learn more, request a free copy of The Epidemic of Medical Mistakes & Understanding Your Rights or contact Rasansky | McKenzie Law at (214) 651-6100 and ask to schedule a free consultation with a Texas medical malpractice lawyer.
When it comes to medical malpractice, is my doctor or the hospital at fault?
If you or a loved one has been injured due to medical malpractice, it is vital that you completely understand what caused the injury and who is responsible for the error. In some cases, a doctor, nurse, or other individual may be at fault for the medical mistake. In other cases, the hospital itself or the clinic may be at fault for failing to vet or train their employees. Still, in other cases, both the doctor and the hospital may have contributed to the medical error.
How can you know who is at fault? You may need an expert witness to examine the evidence of your case and come to a conclusion based on what they find. Perhaps the hospital made a serious medication error. Perhaps the doctor made a bad treatment decision or a wrong diagnosis that most other doctors would have never made. Or perhaps the hospital hired a doctor who was simply not qualified for the job. It is very possible that more than one mistake by more than one party took place.
To learn more about your case, you can contact the Dallas medical malpractice attorneys at Rasansky | McKenzie Law. We can help you better understand your case, as well as your options moving forward. Call us today for a free, confidential consultation.
Can I sue a chiropractor for medical malpractice?
Yes. Just like any other health care professionals who are held to certain standards of care, chiropractors can be sued for malpractice. Chiropractors can be sued for many of the same reasons that doctors, nurses, dentists, and alternative health care provides can be.
Chiropractors most often face lawsuits for two different reasons: for injuries sustained during manipulations, and for failing to treat or diagnose a serious medical problem. Some of the most serious injuries sustained by chiropractic patients include neck injuries, strokes, neurological injuries, spinal injuries, back injuries, bone injuries, herniated discs, and even paralysis.
If a chiropractor is found liable for professional negligence, medical error victims may be able to collect compensation for permanent disabilities, pain and suffering, mental anguish, medical bills and future medical bills, loss of enjoyment of life, and loss of wages and future wages.
As a doctor has a duty to look over your medical needs, so a chiropractor has similar duties. If you have been injured by your chiropractor, or if your chiropractor failed to diagnose or treat a serious medical issue, you should speak with a Dallas TX medical malpractice attorney. Call the Texas injury attorneys at Rasansky | McKenzie Law today to schedule a free, private appointment.
Read more on chiropractic malpractice.
Is patient dumping a form of medical malpractice?
Yes. “Patient dumping” takes place when a hospital turns away someone in need of emergency care, transfers a patient when unnecessary, discharges a patient before they are stable, or transfers a patient without providing adequate medical care first. Patient dumping most often occurs when a hospital believes that the patient cannot pay for care, has insufficient insurance, or has a condition that will result in high-cost treatments.
The 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) makes it illegal for virtually any hospital to dump a patient and refuse anyone the emergency health care that they require. If you or a loved one was refused medical care at a hospital, discharged without receiving the proper care, or transferred when you should have been treated, you may have a Texas medical malpractice case. Very simply, the hospital is committing a negligent act when they refuse care, provide sub-par care, or end care prematurely.
No one should suffer injury because they receive Medicare or because they appear to be impoverished – it is federal law. Victims of patient dumping and their families should speak with a Dallas medical malpractice lawyer if they believe they were harmed because of the negligent acts of a hospital. Call the Rasansky | McKenzie Law today to schedule a free, private meeting with a lawyer.
Why wont a Texas medical malpractice attorney take my case?
You or a loved one was seriously injured by a doctor, nurse, or other medical professional. You KNOW that you are a victim of a medical error, you KNOW that a mistake was made, but a Texas medical malpractice attorney doesn’t want to take your case. Why?
There could be a number of reasons that an attorney might not wish to pursue your medical malpractice case – and there could be another law office that would gladly take your case. When deciding whether or not to work with a client, a law firm will often consider how much evidence there is to work with, how strong your case is overall, and whether or not the compensation you may recover is worth the price of going forward with the case. Medical malpractice cases can be expensive and emotionally difficult for everyone involved – in some cases, even if a medical error likely took place, it is not the best decision to move forward.
It is important to understand that all medical malpractice cases are different – and that we can’t answer your question until we’ve heard the details of your case. If you want to know if you may have a medical malpractice case, and even if another attorney has refused your case, we invite you to speak with our Texas medical malpractice lawyers for a second opinion. We offer victims of medical errors a free, private consultation in which we will discuss your case and your best options for action. Call today.
Is there a cap on medical malpractice damages in Texas?
You or a loved one was seriously injured by a doctor, nurse, or other medical professional. You KNOW that you are a victim of a medical error, you KNOW that a mistake was made, but a Texas medical malpractice attorney doesn’t want to take your case. Why?
There could be a number of reasons that an attorney might not wish to pursue your medical malpractice case – and there could be another law office that would gladly take your case. When deciding whether or not to work with a client, a law firm will often consider how much evidence there is to work with, how strong your case is overall, and whether or not the compensation you may recover is worth the price of going forward with the case. Medical malpractice cases can be expensive and emotionally difficult for everyone involved – in some cases, even if a medical error likely took place, it is not the best decision to move forward.
It is important to understand that all medical malpractice cases are different – and that we can’t answer your question until we’ve heard the details of your case. If you want to know if you may have a medical malpractice case, and even if another attorney has refused your case, we invite you to speak with our Texas medical malpractice lawyers for a second opinion. We offer victims of medical errors a free, private consultation in which we will discuss your case and your best options for action. Call today.
Do I need an expert witness for my Texas medical malpractice lawsuit?
Texas’ 2003 tort reform laws included a requirement that anyone filing a medical malpractice claim in the state must provide a medical expert’s report within 120 days of submitting their case. In other words, an expert witness is absolutely required if you are seeking compensation for a medical error.
Having medical experts on your side during a medical malpractice lawsuit is key to winning your case. A medical expert’s testimony can verify that your injury was the result of carelessness or negligence, help the jury understand the extent of your injuries, and help explain permanent injuries and future medical requirements. In addition, a medical witness can clearly explain the evidence in your case (medical records and medical bills) and that your medical issues were not pre-existing.
In addition to a medical expert, you may want other types of expert witnesses to testify during your trial, including an economic damage expert, a vocational rehabilitation expert, and a life care planning expert.
At Rasansky | McKenzie Law, our Texas medical malpractice attorneys understand how important securing a knowledgeable and experienced medical expert is to the outcome of your case. To speak with one of our lawyers and learn more about how we may be able to help, please call us today for a free consultation.
My doctor says that I have a gossypiboma from a previous surgery. What does this mean?
Gossypiboma is the medical term for an injury that results when a gauze sponge is left in a patient’s body after surgery. Other terms for gossypiboma include “textiloma” and “retained foreign object” (RFO).
Gossypiboma is the most-common type of surgical error, and can often go undetected for months or even years. Eventually, the body tries to encapsulate the object. The patient begins to suffer pain near the surgical site. He or she may have flu-like symptoms or a high fever from an infection. Or a cyst or lump at the site may form and continue to grow.
Gossypibomas are especially dangerous in the digestive tract. They may erode through the abdominal wall or cause obstruction in the intestines. Symptoms include nausea, vomiting, weight loss, and pain. A gossypiboma in the lungs can affect breathing.
Gossypibomas are usually identified with an x-ray or CT scan. Once identified, the sponge (or other foreign object) must be surgically removed.
Gossypiboma is completely preventable. Operating room staff are supposed to check that all sponges and surgical instruments are accounted for during a surgical procedure. If anything is missing, that object must be located before it can cause harm to the patient.
Patients who suffer injury resulting from a surgical error like gossypiboma are eligible to seek compensation for any related medical bills, lost wages, and pain and suffering through a Texas surgery malpractice claim. Learn more about your right to compensation in Dallas medical malpractice attorney Jeff Rasansky’s book, The Epidemic of Medical Mistakes & Understanding Your Rights. If you have additional questions about gossypiboma, or legal questions about your own case, contact the Rasansky | McKenzie Law at (214) 651-6100.
What Is medical abandonment?
Medical abandonment and medical neglect are types of medical malpractice. Simply put, medical abandonment occurs when a caregiver, such as a doctor, terminates a relationship with a patient without making reasonable steps to have another medical professional take over that patient’s care. Medical abandonment can do serious harm to patients who need immediate or continued care. To avoid medical abandonment, doctors should give patients reasonable notice before terminating a physician-patient relationship and make arrangements for the patients to continue their care elsewhere. If you believe that you have been seriously harmed because of medical abandonment or medical neglect, speak with a Texas medical malpractice attorney today.
Who is liable for my cancer misdiagnosis?
A cancer misdiagnosis can have catastrophic effects: the cancer often spreads as doctors are busy treating you for the wrong health condition. But who exactly is responsible for the cancer misdiagnosis that put your life in jeopardy? In cancer misdiagnosis cases, the following people or entities are often the center of Texas medical malpractice lawsuits:
- The doctor(s)
- The hospital
- Other medical professionals involved in your misdiagnosis
A Dallas medical malpractice attorney can help you better understand how your cancer misdiagnosis took place and who is responsible. Call Rasansky | McKenzie Law today at (214) 651-6100 to learn more about your legal options.
What is an anesthesiology error?
Anesthesiology errors are one of the most common types of medical malpractice in the operating room. Anesthesiology errors can take place when the anesthesiologist administers the wrong amount of medication or the wrong kind of medication into the patient. These types of medical errors can also take place if the anesthesiologist does not properly monitor the patient or if the medical devices in place are defective. Anesthesiology errors can have serious long-term effects as such mistakes can cut off oxygen supply to the patient’s brain or have the patient remain conscious during the operation.
What is wrong site surgery?
Wrong site surgery is a type of medical malpractice that may be more common than you might think. Wrong site surgery occurs when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether. The most common form of wrong site surgery takes place when a surgeon operates on the wrong side of the body, such as a knee replacement on the right knee instead of the left knee. Wrong site surgery is almost always the fault of the doctor or hospital. Studies have shown that wrong site surgery medical mistakes can easily be prevented with medical checklists and careful, thoughtful hospital staff.
Do all doctors have insurance?
Unfortunately, the answer is no. While completely unethical, many doctors have deliberately chosen to forgo obtaining or maintaining medical malpractice insurance. Since the cost of insurance premiums for doctors can be expensive, some of the smaller practices may not have insurance while bigger practices may have a form of joint insurance. To find out for sure, have an attorney check for you. This can usually be done up-front, and for no cost to you.