Medical Malpractice Claims in Texas
Houston Medical Malpractice Lawyers
Medical malpractice occurs when a patient is injured or harmed in some way because their doctor or another medical professional failed to properly perform their medical duties. If you believe you are a victim of medical malpractice in the Houston area, you should speak with our experienced attorneys at Wyly & Cook, PLLC about your case. We are dedicated to helping victims of negligence obtain maximum compensation for their injuries and losses, and can fight for you.
Types of Medical Malpractice
Although malpractice claims and lawsuits often involve a variety of situations and negligent actions on behalf of medical professionals, there are three main types of medical malpractice:
- Improper Treatment: A physician may be guilty of medical malpractice if they treated a patient in a way that any other competent physician would not. Improper treatment claims can also apply when a physician chooses to use the proper method of treatment but administers it incorrectly.
- Failure to Diagnose or Misdiagnosis: If a physician fails to diagnose or misdiagnoses an illness or injury that a competent physician would have correctly diagnosed, they may be liable for any harm they caused through a medical malpractice claim.
- Failure to Warn of Known Risks: Physicians have a responsibility to warn patients of the known risks of procedures or treatments they are considering. This duty to warn is known as informed consent. If a physician violates their duty and a patient is harmed during a procedure they would not have elected to go through had they known the risks, the physician could be guilty of medical malpractice.
If you or a loved one has been injured because your doctor or another medical professional acted negligently, it is important to contact our personal injury lawyers in Houston to discuss your options.
Can I file a medical malpractice claim?
There are certain basic requirements that are specific to medical malpractice claims. In order to hold a negligent physician liable for your injuries or illness, you must be able to show the following:
There was an existing doctor-patient relationship.
Your attorney must be able to prove that a doctor-patient relationship existed between you and the physician who caused you harm. This is simple to prove if you hired the doctor and had been receiving treatment. However, it can be difficult to prove an existing relationship if a consulting physician did not directly treat you.
The doctor was negligent in some way.
To hold a physician liable for medical malpractice, you must be able to show that they acted negligently. This means that you cannot take legal action simply because you are unhappy with the results of your treatment; it must be proven that the doctor caused you harm that, under the same circumstances, a competent doctor would not have.
The doctor's negligence caused your injuries.
Many medical malpractice claims involve patients who were sick or injured before seeking treatment, which is why it is necessary to prove that more likely than not the negligence of the physician is what caused you harm, not your preexisting condition.
The injuries led to specific damages.
Even if it is obvious that the physician acted negligently, you cannot sue for malpractice unless you suffered harm as a result. In order to hold the physician liable for their negligence, you must have sustained specific damages, such as pain, additional medical bills, mental anguish, or lost earning capacity.
The Benefits of Enlisting Wyly & Cook, PLLC
Our talented team at Wyly & Cook, PLLC can help you seek justice and proper compensation for injuries and losses caused by a negligent medical provider. We can investigate the factors involved in the incident to determine if you have grounds to file a medical malpractice claim and then assist you in building a comprehensive case. Our attorneys can provide you with the powerful advocacy needed to hold the negligent physician responsible for their actions, and we can fight to obtain justice for your family's suffering. If you would like to discuss your case with a member of our proven firm, please contact us today.