North Richland Hills Medical Malpractice Lawyer Attorney

Medical malpractice occurs because of negligence due to the deviation of the standard of care provided by a health care personal, resulting in harm to the patient. Common examples include the failure to diagnose, failure to treat, wrong medications and run proper tests.

If you or a loved one has been seriously injured, you need the help of the Dr. Shezad Malik Law Firm, call 817-255-4001 today to speak to the Medical Doctor-Attorney.

Medical Malpractice: Background

Medical malpractice is negligence committed by medical professionals. For negligence to be "actionable" (having all the components necessary to constitute a viable cause of action), there must be a duty owed to someone, a breach of that duty, and resulting harm or damage that is proximately caused by that breach. The simplest way to apply the concept of proximate cause to medical malpractice is to ask whether, "but for" the alleged negligence, the harm or injury would have occurred.

When determining whether the conduct of a member of the general public is negligent, the conduct is judged against a standard of how a "reasonably prudent person" might act in the same or similar circumstance. Conversely, when determining whether a medical professional has been negligent, his or her practice or conduct is judged at a level of competency and professionalism consistent with the specialized training, experience, and care of a "reasonably prudent" physician in the same or similar circumstances. This constitutes the "standard of care" or professional "duty" that a physician owes to his or her patient. If the physician breaches the standard of care and his patient suffers accordingly, there is actionable medical malpractice.

The term "patient" generally refers to a person who is receiving medical treatment and/or who is under medical care. In many states, other licensed medical professionals such as chiropractors, nurses, therapists, and psychologists, may also be sued for malpractice, i.e., negligently breaching their respective professional duties owed to the patient.  

A lot of people have the impression that if something goes wrong with a medical procedure, it’s easy to sue your doctor for big bucks. But medical malpractice cases are, in fact, extremely tough to win.

In deciding if your case is worth pursuing, you must consider:

• Liability
• Damages
• Who would pay those damages

Liability

To determine if someone is liable - that is, legally responsible - for your injuries, you need to figure out if a health care provider was negligent and if so, whether that negligence caused your injury. Just because your case turned out poorly doesn’t necessarily mean that a doctor was negligent. The key factors in determining negligence are:

• The accepted standard of care - what is the accepted method of care for doctors in this particular circumstance tempered by what is common within the geographic area. A rural doctor’s resources will often not be as extensive as a metropolitan hospital
• Whether that standard was followed
• If the standard of care wasn’t followed, whether not following that standard caused the injury.

Negligence can occur at various stages. A health care provider may:

• Misdiagnose a problem
• Fail to treat the injury or illness properly
• Administer the wrong medication
• Fail to adequately inform a patient about the risks of a procedure or about alternative treatments

Even if you can prove that a doctor was negligent, you don’t have a case unless you can document that the negligence caused your injury or worsened your condition. In a case involving misdiagnosis of cancer that caused a patient’s death, for instance, the health care provider may argue that the illness was terminal and that nothing could have been done anyway.

Damages

If you establish liability you are entitled to damages, which can include compensation for medical bills, lost wages and pain and suffering. The damages may cover losses you’ve already suffered as well as future medical bills and lost wages.

Damages vary widely depending on each person’s situation - even two 42-year-old women who both lose their right index fingers through botched surgical procedures may see very different outcomes. The amount of damages you receive depends on how the injury affects your earning potential and quality of life. So a concert pianist and an avid bowler may get more for a missing finger than a lawyer and confirmed couch potato whose life won’t be as disrupted. A good trial lawyer who takes a look at the witnesses, the individual and the medical circumstances can estimate the potential damage awards.

Statutes of Limitation

Keep in mind that you have a deadline to file your claim. The statute of limitations varies by state, but is typically about two years. That time often starts running at the moment of the negligent act, but other factors may come into play, such as when you learned of the negligence and when you stopped receiving treatment. You also may have to consider other filing deadlines if, for instance, your case involves treatment by a government agency, such as a county hospital.

Medical Malpractice Lawsuits

Malpractice cases tend to take a long time. They require lots of research, and insurance companies and providers are generally reluctant to settle, because they typically win at trial. They also know they can weed out the small cases by making them too costly to pursue.

Regardless of how seriously you’ve been injured, it’s unlikely your lawyer can tell you how successful your case will be straight off. That requires review of the medical records and consultations with experts.

About 90 percent of all cases settle before they go to trial. Although that rate is somewhat lower with medical malpractice cases, there’s still a chance your case will settle.

In some states, you may be required to first try to resolve your case through mediation or arbitration. That can mean anything from sitting in front of a panel in a hotel conference room to meeting with an arbitrator in a courtroom. In some instances, the process may result in a speedier, cheaper resolution. In others, it’s a waste of time. Your lawyer or other people who have pursued similar cases can tell you what to expect.

If a lawyer agrees to take your case, it will be probably be handled on a contingency basis, which means you might not have to pay anything up front, but your lawyer will expect anywhere from 30 percent to 50 percent of whatever damages you may receive. Keep in mind, though, that regardless of whether your claim is successful, in some states you may be liable for the significant up-front costs of acquiring your records and consulting with experts. Make sure you agree at your first meeting on how to handle those expenses.

And, if you lose the case, in some instances you may sued by the defendant for the costs they incurred while fighting the case. (I have no idea "what" these instances are however.)

During your first meeting, you’ll be asked to sign release forms giving your lawyer and experts access to your medical records. Generally, your lawyer will have a medical professional - many times a nurse consultant - review the case to determine if there’s evidence of malpractice. If there is, the next step is to retain a specialist who can testify if the case goes to court.

Your case may continue for years, especially if it goes to trial and is appealed. During this time, there may be periods during which you hear from your lawyer or law office staff every day and there may be several week stretches where you hear nothing at all while both sides wait for court dates or filing deadlines.

Some states have caps on the amount of damages that you can recover in medical malpractice lawsuits.If you’re suing your regular doctor, you’ll want to talk with your lawyer about whether you want to continue treatment at that clinic or find someplace else. The most important consideration, of course, is ensuring you get the best health care possible.

Finally, if you’re considering contacting a medical society or board regarding the doctor and care you received, check with your attorney first. If the medical board fails to find fault with the care provided the determination may be used in the defending the doctor in your case. 

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