Medical malpractice, also called medical negligence, refers to situations where doctors and other medical professionals fail to uphold the standards of their practice. Many victims of medical malpractice face worsened conditions, undiagnosed conditions, lost chance of recovery, or serious injuries and harm. If you or a loved one in the Fort Worth area was a victim of medical malpractice, the Fort Worth medical malpractice lawyers at The Queenan Law Firm, P.C. may be able to help.
For a free legal consultation on your case or a case involving a loved one’s negligent medical care, call our law offices today. It can be difficult to determine whether complications and bad outcomes are the result of random complications or medical negligence. Call us at (817) 476-1797 to set up your free case consultation and discuss what happened to you with our experienced Fort Worth medical malpractice attorneys.
Identifying Medical Malpractice Injuries in Fort Worth, TX
If you or a loved one underwent medical care and suffered complications or a bad outcome, it is possible that you could be a victim of medical malpractice. In many cases, it is difficult for a non-medical person to determine whether what happened to them was within the bounds of normal complications or whether the doctor actually made a mistake. In many cases, the line between these two issues is flexible and depends on the facts of your case.
In general, doctors are held to a duty to care for their patients – the same duty that any other reasonable physician with similar training and experience would have to follow. This is known as the medical “standard of care,” and it attaches as soon as the doctor-patient relationship is formed. The doctor must follow the standard of care in diagnosing your condition, ordering tests, prescribing medication, performing surgical procedures, and performing any other medical procedure, treatment, or course of care.
Sometimes issues arise, and complications occur that can cause a bad outcome. However, sometimes these issues are beyond what medical science can prevent or beyond what even the most skilled and attentive doctors can avoid. If the complications were expected problems that could arise in your case, or if they are the kinds of problems that a reasonable doctor might not be able to avoid, then it probably is not malpractice. However, if the complications arose only because your doctor failed to give you the proper care required of them, that is medical malpractice, and you can sue the doctor for compensation.
Talk to a lawyer and get a second opinion on your case to help you figure out if what you experienced was the result of normal complications or medical negligence.
Suing a Doctor and Hospital for Medical Malpractice in Fort Worth, TX
When you file a lawsuit for medical malpractice or medical negligence, you must prove your case to the jury to get the compensation you deserve. Medical malpractice cases in Fort Worth can be based on a wide range of medical issues, including any of the following:
- Failure to diagnose
- Misdiagnosis
- Surgical errors
- Anesthesia errors
- Birth injuries
- Medication errors
- Hospital negligence
- Nursing negligence
If at any point you suffered injuries or complications, talk to one of our Fort Worth medical malpractice lawyers about whether you can file a lawsuit against the doctor or the hospital. In most cases where your doctor works for the hospital, as opposed to a private practice, you can sue the hospital as their employer. You can also sue hospitals alongside doctors when the hospital’s medical staff (e.g., the nursing team) was involved in the negligence or where conditions at the hospital itself allowed the complications (e.g., hospital-acquired infections or emergency room negligence).
Filing Malpractice Claims with a Certificate of Merit
To file your case, you must have a doctor sign-on to a certificate or affidavit of merit which states that they have looked over the facts of your case and believe that malpractice was committed. After that, you have to file your case with the court, presenting the basic facts of what happened to you and how they constitute a breach of the standard of care required in your case. Then, you must list the damages you suffered, which can include things like additional medical bills, lost chance of recovery, lost enjoyment of life, lost income, lost earning capacity, and more. Your Fort Worth medical malpractice lawyer can manage all of this
Settling Malpractice Claims
If the case progresses to settlement and your lawyer can negotiate a fair deal, it may be in your best interest to settle your case. Medical malpractice insurance companies often pay damages to help prevent these cases from going to trial because that can be long and expensive and give the hospital bad press. If they refuse to offer a fair settlement, our Fort Worth medical malpractice attorneys can fight your case in court and work to get you fair compensation at trial. In a trial, the judge and jury assess the case, and the jury makes the final decision on how much your case is worth and whether to find the doctor liable.
Using Medical Experts at Trial
During a trial, many of the issues in the case will come down to whether or not the doctor’s care was negligent. Usually, you need a medical expert to explain to the jury how the doctor’s care fell below the standard of care and what errors or mistakes the doctor should have avoided. The defendant will have their own expert claiming that the injuries were simply unavoidable, and much of the case will come down to how the “battle of the experts” is resolved. Contact our Fort Worth medical malpractice attorney for help setting up your case and finding a medical expert to present your issues to the jury.
Call Our Fort Worth Medical Malpractice Lawyer for a Free Consultation
If you or a loved one faced injuries or serious complications after undergoing medical treatment in the Fort Worth area, talk to a lawyer immediately. The Queenan Law Firm’s Fort Worth medical malpractice attorneys represent injured and mistreated patients across the area, helping them seek compensation for medical malpractice and negligence. For a free legal consultation, call our law offices today at (817) 476-1797.