How to Gather Evidence for a Mental Health Malpractice Case in Texas
Texans living with mental health disorders trust the professionals who treat them to provide quality care. Unfortunately, when a psychiatrist or mental heal professional acts negligently, it can have damaging effects on a patient. If you require compensation from a negligent Texas doctor, you need to learn how to gather evidence that supports your claim.
Successfully suing a Texas mental health professional for malpractice can be difficult, as damages to victims aren’t always tangible. To prove a mental health professional’s negligence, your attorney will gather compelling evidence, such as your medical records and expert testimony. Victims can help their attorneys compile evidence by keeping track of any lost wages and the impact a mental health professional’s negligence has had their lives. Because proving fault in such cases can be difficult, hiring an attorney who will work hard to gather the necessary evidence against a negligent Texas mental health professional is crucial.
Our lawyers understand how damaging negligent mental health care can be for Texas residents. For a free case evaluation with the Texas psychiatric malpractice attorneys at The Queenan Law Firm, P.C., call today at (817) 476-1797.
What’s Considered Evidence in a Texas Mental Health Malpractice Case?
When mental health professionals improperly diagnose a patient in their care or otherwise act negligently, causing a patient to sustain damages, they can be held accountable in a lawsuit in Texas. To successfully sue a doctor for psych malpractice, an attorney must compile sufficient evidence to prove negligence.
In order to prove that a mental health professional is responsible for the damages done to you, your Texas psychiatric malpractice attorney must prove several things. The following elements must be present to prove fault in such a Texas lawsuit:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care owed to the patient
- The defendant’s breach of duty of care caused the plaintiff harm
- The plaintiff suffered real damages as a result of the breach of duty of care
To prove that a plaintiff and mental health professional had a doctor-patient relationship, your attorney will compile certain evidence. For example, bills from a mental health professional’s practice or prescriptions written for you by a mental health professional can establish such a relationship.
Next, your Texas attorney will aim to prove that a mental health professional breached the duty of care that they owed to you. Your lawyer may call upon experts to assess a negligent mental health professional’s treatment and gather your available medical records to support your claim. This expert testimony is considered evidence in a Texas psych malpractice lawsuit.
Finally, your attorney needs to prove that the breach in duty of care caused damages to you. This can be more difficult to prove, as finding evidence that substantiates your claim of damages can be challenging. That being said, your attorney may interview your friends and family and mental health experts to show that a negligent Texas mental health professional directly caused your deteriorated mental health. Such testimony is often vital evidence in psych malpractice lawsuits. Other forms of evidence, like a doctor’s notes and your medical chart, can also help prove a psychiatrist’s negligence.
How Can You Help Your Texas Attorney Gather Evidence in a Mental Health Malpractice Case?
Compiling evidence in a mental health malpractice case is crucial so that victims can recover the compensatory damages they deserve. Doing so can be challenging as the harm done by mental health professionals is not always tangible. That being said, there are several things Texas victims can do to help their attorney gather evidence to support their claim against a negligent doctor.
Maintain Medical Records
It’s important that Texas victims keep all records connecting them to a mental health professional. This includes things like bills and medications prescribed by a mental health professional. If your mental health professional misdiagnosed your mental health disorder and prescribed improper medications, having records of such prescriptions can help your attorney prove negligence in a lawsuit.
Record Lost Wages
If your mental health has suffered to the extent that you are unable to work, keep records of your lost wages. When Texas mental health professionals act negligently while treating patients, there can be severe consequences for victims. By keeping track of economic damages like lost wages, victims can compile evidence showing how a negligent mental health professional impacted their lives.
If you believe that your mental health professional is acting negligently during treatment, speak up about it. Although it can be challenging to talk with friends and family about the difficulties you’re experiencing regarding your mental health, doing so can help your compensation claim against a negligent Texas mental health professional. If you feel comfortable, confide in your loved ones about the negligent care you’re receiving. Keeping a journal detailing how a mental health professional’s actions affect your mental health can also help your Texas psychiatric malpractice attorney strengthen your claim. As soon as you recognize a mental health professional’s wrongdoing, stop seeking their care.
Why is Gathering Evidence Important for a Mental Health Malpractice Case in Texas?
Texans who suffer from mental health disorders trust that their mental health professionals have their best interests at heart. When that trust is broken because mental health professional acts negligently, it can have a devastating impact on a patient’s health and happiness. In order to recover the damages that you deserve, it is important that you and your attorney gather evidence.
Proving negligence in a mental health malpractice lawsuit can be difficult. It is not always clear how a negligent mental health professional’s actions have impacted a patient, as damages are not typically physical. That is why gathering all available evidence is crucial.
When you and your Texas psychiatric malpractice attorney compile sufficient evidence to prove a mental health professional’s negligence, you can recover substantial damages. Mental health services can be expensive, and malpractice victims deserve economic compensation for the funds spent at a negligent mental health professional’s practice.
Those with the strength and bravery to seek help for mental health issues can regress after receiving negligent care. When a mental health professional breaches their duty of care, either by prescribing the wrong medication or applying an incorrect diagnosis, it can have substantial consequences for a victim. You deserve compensation for any pain and suffering you have endured as a result of a negligent Texas mental health professional’s actions. Compiling sufficient evidence can help you recover those damages, allowing you to begin healing from the wrongs done to you.
Call Our Texas Attorneys to File a Mental Health Malpractice Lawsuit Today
Our lawyers believe that no Texan should have to suffer from a mental health professional’s negligent care. For a free case evaluation with the Texas psychiatric malpractice attorneys at The Queenan Law Firm, P.C., call today at (817) 476-1797.