According to recent research from Johns Hopkins, medical errors are currently the third-leading cause of death among Americans each year. Medical errors, however, don’t have to result in death to be considered malpractice. But what constitutes medical malpractice? If you suspect that a doctor’s negligence in Midland hurt you, you may find yourself asking, “Do I have a case for medical malpractice?” You may also be wondering whether or not you need an attorney, or what you should do now. Fortunately, our Midland medical malpractice attorneys at Carabin Shaw are here to answer these questions about medical malpractice and misdiagnosis. Read on to learn what our medical malpractice attorneys in Midland have to say.
What Constitutes Medical Malpractice?Medical malpractice is a form of negligence that is committed by a doctor, nurse, or another medical provider. Medical malpractice occurs when one such medical professional violates the standard of care in treating a patient, through either negligence or omission, consequently resulting in harm to the patient.
For the doctor’s error to be considered medical malpractice, your claim must meet the following criteria:
1. The Standard of Care Was Violated.
The standard of care refers to medical standards that hospitals and doctors are expected to follow. A medical provider violates the standard of care if they act in a way that deviates from how another reasonably competent doctor would have performed under the same circumstances. When a doctor’s work is inconsistent with other physicians’, then there is a basis for a Midland medical malpractice claim.
2. The Doctor’s Negligence Caused an Injury.
To have a valid medical malpractice claim, it is not enough for your lawyer to establish the doctor’s negligence. He or she must also prove that the violation of the standard of care resulted in an injury that otherwise would not have occurred. If your doctor’s negligence did not result in an injury, then you will not be able to build a successful medical malpractice claim. Similarly, if your lawyer cannot prove that your doctor’s negligence caused your injury, you will not have a successful lawsuit.
3. The Injury Resulted in Damages.
Finally, your attorney will have to demonstrate that your injury resulted in specific economic and non-economic damages. According to our medical malpractice attorneys in Midland, it’s crucial to consider whether your expected damages will be significant enough to justify pursuing the claim. If your injuries were minor, for example, it might not be worth it to pursue litigation. However, if you were seriously injured or sustained a permanent disability, you most likely have grounds for a malpractice lawsuit.
Looking for a Lawyer? Call Our Trusted Midland Lawyers TodayIf you believe that you have grounds for a medical malpractice claim, you’ll need to hire an experienced attorney with the resources and know-how to handle these complex cases.
Here at Carabin Shaw, our Midland medical malpractice attorneys have a combined 200 years of legal experience and have been handling personal injury cases for more than two decades. We’ve recovered more than $500 million in compensation for our satisfied clients, and we know how to maximize the value of your personal injury claim.
If you’re unsure whether you have grounds for a medical malpractice case, it doesn’t hurt to ask. We offer all new clients a free and confidential consultation, and we can help you figure out the best course of action for you.
When you’re injured, you deserve the best possible help. Carabin Shaw is it. Call us today at 432-620-0544 to receive a free consultation with a qualified attorney serving Midland. You can also reach us toll-free at 1-800-862-1260.