Medical malpractice claims occur when medical professionals act negligently or recklessly, causing patients to suffer injuries. Victims can pursue damages for their past and future medical expenses, loss of wages, pain and suffering, and other damages through medical malpractice lawsuits.
If you or your loved one has been the victim of medical negligence or malpractice, Rochelle McCullough is here to help. We can help you and your family pursue the compensation you need and deserve. We have the financial and legal resources necessary to develop an effective legal strategy for your case to pursue the most compensation possible. Contact Rochelle McCullough to schedule a free consultation and learn more about your legal options.
What Is a Medical Malpractice Lawsuit?
Medical practice occurs when a healthcare provider engages in negligence, causing an injury, disability, or death to the patient. Medical negligence involves any act or omission by a medical professional that differs from the accepted practice norms in the medical community. Medical malpractice lawsuits can involve many healthcare professionals, not just doctors. Nurses, physician assistants, dentists, physical therapists, and other medical healthcare professionals can be liable for causing their patient’s injuries.
Proving Medical Malpractice
For a patient to be monetarily compensated for medical malpractice, he or she must prove that the healthcare professional provided substandard treatment or engaged in negligence. They also have to prove that the negligence directly caused their injuries. The medical professional may attempt to claim that a pre-existing condition or circumstance other than negligence caused the patient’s injuries.
An experienced medical malpractice attorney can help you gather evidence proving the causal link between the healthcare provider’s negligence and your injuries. In most cases, patients need to call expert medical witnesses to the stand to testify as to the cause of the patient’s injuries. Once the patient establishes that the defendant breached their duty to provide adequate medical care, the court will assess the patient’s damages and determine how much the patient should be compensated for theirr injuries.
Examples of Medical Malpractice Cases
Medical professionals can make many different types of errors that can cause patient injuries. Many people are familiar with surgical errors, such as surgeons operating on the wrong body part or leaving an instrument inside the patient. Surgical errors are only one of many different types of medical malpractice.
Misdiagnosis or Delayed Diagnosis
When a doctor misses a diagnosis, such as cancer, the patient may not receive timely treatment. As a result, the condition may become worse. For example, the patient’s cancer may spread and become stage four cancer, making it inoperable and terminal. Additionally, when a doctor makes an incorrect diagnosis of cancer, the patient may become injured by the treatment.
When physicians or nurses engage in negligent behavior before, during, or after attending childbirth, the mother and baby can be injured. For example, if a doctor fails to perform a cesarean section in time, the mother and baby may be injured or at risk of fatal injuries. When doctors make mistakes in delivering the baby, the baby may suffer serious injuries, including brain damage or injuries to the neck and shoulder. Cerebral palsy and paralysis can result from childbirth injuries caused by medical malpractice.
Patients can also be injured when doctors, pharmacists, and nurses make medication errors. A doctor may prescribe an incorrect medication or an incorrect dosage. Other types of medication errors include pharmacists not filling a patient’s prescription correctly or failing to provide them with correct instructions on how to take the medication. Finally, nurses may neglect to administer medication in a timely manner, causing patient injuries.
Anesthesiologists have a duty to monitor a patient’s vital signs during surgery. If they aren’t paying attention and miss a change in vital signs, the patient may suffer serious injuries or even death. Anesthesiologists also have a duty to administer the correct amount of medication by taking time to learn about the patient’s history, weight, and other medications..
Negligence before surgery may involve a surgeon who is unfamiliar with the patient’s medical history and background. Errors can occur during the surgery due to the surgeon’s incompetence, fatigue, or lack of skill. Surgeons are also responsible for monitoring patients after surgery for signs of distress, infection, or other complications. If they fail to do, they can be held liable for dire consequences.
Damages Available in a Medical Malpractice Claim
When you file a medical malpractice claim, you must provide evidence showing how the negligence occurred and the damages you’ve suffered. When medical professionals act negligently, patients can suffer injuries that require additional surgeries, hospital stays, medication, and rehabilitation to treat the injury. Plaintiffs in personal injury accidents can pursue the following types of damages:
- Medical bills for your injuries, including medication, surgery, rehabilitation, hospital stays, and other associated equipment
- Costs of therapy
- Lost wages
- Loss of future earning potential due to your injuries
Injuries caused by medical malpractice can be emotionally distressing because of their personal nature. They can also be painful. Victims of medical malpractice can pursue compensation for the emotional and psychological challenges associated with their injuries and damages for physical injuries. Consequently, plaintiffs can pursue damages for suffering from physical pain, the loss of important relationships, disability, disfigurement, and the negative impact on social abilities.
Discuss Your Case with a Dallas Medical Malpractice Attorney
If you or your loved one have been the victim of medical malpractice in Texas, you could be eligible for compensation. The attorneys at Rochelle McCullough have a proven track record of holding negligent medical professionals accountable for their actions. We are prepared to review your case and help you understand your legal options. You only have a limited amount of time to file a claim for compensation. Contact Rochelle McCullough as soon as possible to schedule a free case evaluation.