How Do I Know if I Have a Valid Texas Medical Malpractice Claim?

Texas Medical Malpractice

Four elements must be established in a Texas medical malpractice case:

1. The doctor’s duty to a high standard of care.
   It used to be that general medical standards varied greatly from one location to another. However, in recent times there has been more movement toward a nationwide standard of care that all doctors practicing in the United States must adhere to.

2. The doctor failed to uphold that standard of care.
   You must prove that the doctor made a mistake. Also, the mistake must be one that a “reasonable and prudent” doctor would not have made under the same, or similar, circumstances. Typically, this requires that an expert witness (another doctor in the same specialty) must come forward and testify that your doctor did in fact make a mistake.

3. An injury must have happened.
   Texas medical malpractice suits cannot be filed for “what might have happened.” An error that caused no negative consequences has no standing for a medical malpractice case.

4. The doctor’s negligence caused your injury.
   In addition to showing that an injury or harm occurred, you must also show that the doctor or healthcare agency’s mistake caused that injury and that if it wasn’t for that negligent action then your injury would not have occurred or that your condition would have improved. An unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been committed.

In addition to the above points, before a physician may be held liable for Texas medical malpractice, a doctor-patient relationship must be established. A doctor-patient relationship is found as the result of a contract, either express or implied, that the physician will treat the patient with professional skill. In addition, the doctor must take some action to treat the patient before a doctor-patient relationship is established.

Finally, for a doctor to be held liable for professional negligence or medical malpractice, a physician-patient relationship must have existed between the doctor and the plaintiff at the time the complained act or omission occurred. The doctor’s duty ends when the physician-patient relationship ceases to exist.

» Contact Daniel Stark medical malpractice lawyers today for a free consultation or call us toll free at (866) 241-4861.

Helpful Texas Medical Malpractice Resources

LEARN MORE ABOUT YOUR RIGHTS:

• How big is the problem?
• How do I know if I have a valid Texas medical malpractice claim?
• What should I do if I think I have a Texas medical malpractice claim?

» Free Consultation

If you or a loved one has been the victim of a medical mistake, contact a Texas medical malpractice attorney from Daniel Stark Personal Injury Lawyers for a free and confidential consultation. Simply complete a free consultation request form or call us toll free at (866) 241-4861. We have offices in Bryan, Texas* and Waco,Texas.

Daniel Stark practices in the following areas: auto accident, trucking accident, wrongful death, construction site injury, drug injury, defective product injury, dog bite injury, electrocution and burn, medical malpractice, and nursing home abuse.

* Main office located in Bryan, Texas

** No attorney's fees unless you recover. Court costs, litigation expenses, and unpaid medical expenses are paid from client's share of the recovery. However, if there is no recovery, client will not be responsible for any court costs or litigation expenses, except client's unpaid medical bills.