Many medical providers and entities that provide healthcare services can be held liable in the event that substandard care of a patient leads to that patient’s harm. If you have suffered harm that you believe may be linked to a medical care provider’s actions or inactions, connect with an experienced Houston, TX personal injury lawyer to explore your legal options.
What Is Medical Malpractice?
Medical malpractice can be described as the deviation by a medical professional, doctor or healthcare professional from the standard quality of care expected in a given situation. Healthcare providers are required to provide a certain level of care in accordance with current industry standards. If harm results from a facility or individual’s failure to provide a patient with this level of care, the professional or entity may be held liable for medical malpractice.
Who Can Be Sued for Malpractice?
Medical doctors, nurses, other health care professionals, hospitals and other healthcare facilities may be sued for medical malpractice. Hospitals and some other healthcare sites may be held liable for their own negligence or the negligence of an employee. Suits against an entity resulting from the negligence of an employee are referred to as vicarious liability.
What Constitutes Malpractice?
In order to have a chance at a successful medical malpractice lawsuit, a healthcare provider or entity must have failed to provide the appropriate standard of care. When the standard of care is not met, a patient may be able to file a malpractice lawsuit as a result of the negligence. Further, there must have been an injury that resulted from the substandard care. If you have not sustained an injury as a direct result of negligent medical care, you do not have a claim for medical malpractice. Further, the injury must have caused you negative consequences ending in considerable damage. That considerable damage could include medical bills, everlasting pain, decreased income, hardship, suffering or permanent disability.
What Are the Legal Elements of Medical Malpractice?
An injured patient must demonstrate that a healthcare provider or entity acted negligently in providing care and that an injury occurred as a result. Four legal elements must be proven to have a chance at a successful medical malpractice lawsuit. Those four elements are:
- A professional duty was owed to the patient
- That professional duty was breached
- The patient suffered an injury as a result of that breach
- Damages were incurred by the patient as a result of the breach of duty
Contact a medical malpractice attorney today if you believe that you may have suffered harm as a result of a provider’s actions or inactions. The knowledgeable legal team at John K. Zaid & Associates can assess your unique circumstances in order to determine whether you have strong grounds upon which to file a civil claim.
