How Do You Know If You Might Have A Malpractice Claim?
Medical malpractice is a complex area of personal injury law. Medical malpractice cases involve not only sophisticated legal considerations, but also medical ones. The health care industry in Texas is shielded by constant legislative revisions and updates in case law. At Winckler, Harvey & McConnell, LLP, our lawyers have the legal experience and the well-respected relationships with highly reputable medical experts that are indispensable for a successful malpractice claim.
One of the biggest questions we hear from prospective clients is, “Do I have a case?” In Texas, a medical malpractice case requires two key components:
- Negligence
- Harm
It is not enough to merely show that a mistake happened if you did not suffer any harm or financial loss as a result. Nor is it enough to show that you suffered harm – a poor outcome, perhaps – in the absence of negligence. Both are necessary. These nuances are the reason engaging in a conversation with an experienced medical malpractice attorney is recommended if you think you – or a loved one – have been harmed by your physician.
What Is Negligence?
At the heart of malpractice is negligence – that is, failure to uphold the appropriate standard of care, whether through action or inaction. But how do you know what that standard of care is? Put more simply, how do you know when your doctor has made a mistake?
In some cases, it may be obvious – but you will still have to provide the court with adequate proof. Perhaps the surgeon lopped off the wrong leg. Maybe the nurse gave you the wrong dose of a dangerous medicine. Or maybe the hospital mixed up your medical records with another patient.
It many other medical malpractice cases, the evidence is not so clear cut. Even medical experts can have conflicting opinions.
Warning Signs Of Possible Malpractice
These red flags may indicate potential negligence:
- When you try to raise questions about what went wrong and why, you don’t get clear answers.
- Your doctor doesn’t take your symptoms or concerns seriously.
- Your doctor doesn’t do a full work-up or take a detailed history.
- Your condition worsens, but your doctor doesn’t do anything about it.
When you have doubts about a diagnosis or treatment (or lack thereof), consider seeking a second opinion – preferably from a specialist.
What Is Harm?
A malpractice claim requires more than hurt feelings. The mistake must have resulted in tangible, or real, harm – physical or financial. Emotional harm must be proven to be intense and harmful. You must be able to pinpoint and prove the losses you have suffered. Those damages might include a worsening in your condition, delays in treatment, a poor prognosis, an adverse reaction, or even significant injury or death.
What’s Likely NOT Malpractice
As a patient, it is easy – and understandable – to feel upset when something goes wrong. However, not all mistakes or perceived mistreatment amount to malpractice. For example, these situations, while frustrating, likely won’t amount to a claim:
- You had to wait a long time.
- You were rushed through an appointment.
- You were treated rudely.
- You had to return to the emergency room or hospital or clinic multiple times.
- You were informed of the risks, and those risks become reality.
- Your doctor changed your diagnosis or treatment after new information came to light.
- You weren’t truthful with your doctor about all of your symptoms, resulting in an incomplete picture.
Get A Free Case Evaluation
If you have suffered harm that you believe may have been the result of medical negligence, contact our attorneys for help. You can also call our office in Austin at 512-593-7399. We offer free consultations and contingency fee representation.