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Understanding “Duty of Care” in Medical Malpractice

How to Prove a Claim of Medical Malpractice in Texas

It can be challenging to prove a medical malpractice claim without the help of a qualified attorney. Medical malpractice cases often require complex litigation and may involve questions of liability. Understanding your rights and the responsibilities of your healthcare provider can help you determine whether you should pursue legal action.

At Bailey Cowan Heckaman PLLC, we represent individuals in medical malpractice claims throughout Texas. Our firm will fight to ensure that you receive the compensation you deserve if you are harmed by a doctor, nurse, or another healthcare provider. Contact our office today at (888) 367-7160 to schedule a free consultation. 

What Is a Duty of Care in a Medical Malpractice Claim?

The majority of medical malpractice claims are based on negligence. To be successful, you must prove that the doctor, nurse, or other medical professional owed you a duty of care and breached that duty resulting in your injury. 

Duty of care refers to the legal obligation that a person owes another person. It is often defined by the type of relationship between the two parties. It is important to know that medical mistakes happen, but not all mistakes rise to the level of malpractice. 

What Does It Mean to Breach the Duty of Care?

In order to recover compensation you will need to show that the healthcare provider failed to act as a reasonably competent person would in their profession or position. 

A breach of duty may occur if a doctor or medical provider: 

  • Fails to make an accurate or timely diagnosis (misdiagnosis or missed diagnosis)
  • Fails to properly inform the patient of the risks of the procedure (lack of informed consent)
  • Performs the wrong procedure or operates on the wrong body part
  • Leaves a foreign object in a patient’s body
  • Administers too much or too little anesthesia
  • Prescribes the wrong medication
  • Ignores or fails to order necessary testing

If you believe that you did not receive reasonable care resulting in your injury, you need to consult with an attorney. Depending on the circumstances of the case, you might be entitled to financial recovery. Compensation in a medical malpractice claim may help to cover your medical bills, lost wages, pain and suffering, and more.

Should I Hire an Attorney?

Proving a medical malpractice claim can be difficult without the help of an attorney. A lawyer can help determine if you have a valid claim for damages and will provide guidance throughout the case. 

If you suspect that a medical provider’s negligence caused you unnecessary harm, you only have a limited amount of time to file a claim. In Texas, you generally have two years from the date that the act or omission occurred to file a medical malpractice case. While there are exceptions to this statute of limitations, they are limited. 

Contact a Houston Medical Malpractice Attorney Today

Were you injured due to medical malpractice? Contact our office today at (888) 367-7160 to schedule a free consultation. There are no fees unless we win. Call now to discuss your case directly with an experienced member of our legal team.

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