What is Medical Malpractice?

Originally published by Jeff Rasansky.

Contrary to popular belief, not every medical complication, error, or adverse event is considered medical malpractice.

So what actually constitutes medical malpractice? Basically, it can be defined as treatment that falls below the accepted standard of practice in the medical community and causes injury to the patient.

What is Medical Malpractice?

If you have been seriously injured or lost a loved one due to negligence on the part of a doctor, let our Dallas medical malpractice attorneys review the facts of your case (for free) and determine the legal options available to you. Medical malpractice cases can be difficult to prove (and are notoriously difficult to bring in Texas), but our law firm has over two decades of experience successfully handing such claims. Call us at 1-877-405-4313 today for your free consultation.

It’s important to remember though, that a bad outcome to a medical procedure is not automatically considered medical malpractice in the eyes of the law. The treatment provided must fall below the accepted standard of practice in the medical community in order to constitute a medical malpractice claim. We do not pursue claims against good doctors who did nothing out of the ordinary, we go after bad doctors who fail in their obligation to provide acceptable care.

Do I really need to file a lawsuit?

Due to tort reform measures in Texas, I can almost guarantee you that you will never be offered a settlement without first filing a lawsuit. The hospital’s insurance company knows that (again, due to Texas tort reform laws) they will likely never have to pay out more than $250,000, which is the damages cap on non-economic damages. They also know that in order to bring a medical malpractice lawsuit in Texas, the victim (or their attorney) is required to hire an expert witness immediately. The fees for expert witnesses can be astronomical, and they’re banking off the fact that this cost will prevent most from filing an actual lawsuit.

There is almost no incentive for the hospital to offer a settlement, as the only reason to offer a settlement would be to avoid a lawsuit. They also know that medical malpractice lawsuits are difficult to win in Texas. Of course this does not scare our law firm, and we highly encourage you to pursue a claim if you’ve been wrongfully injured.

If you do not take action, it will only enable such behavior to continue. By not holding negligent doctors responsible for their actions, things will never change. The law enables you to hold these medical professionals responsible, however, it is up to you to hire an attorney and pursue a claim.

Common examples of medical malpractice.

• Medication overdose
• Surgical errors such as wrong site surgery or instruments left in the body
• Misdiagnosis / failure to diagnose
• Failure to treat
• Emergency room errors
• Birth injuries
• Wrongful death
• Improper treatment
• Pharmaceutical errors
• Bed sores
• Failure to obtain informed consent

A final note from Rasansky Law Firm.

Hiring a medical malpractice lawyer is not simply about recovering money compensation (although that is a very important aspect), it is also about seeking justice and preventing similar acts from occurring to others in the future. Call us today at 1-877-405-4313 and let our attorneys review the facts of your case. If we feel that we can help, we’ll begin working on your case immediately.

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