Medical malpractice occurs when a doctor or other medical professional fails to meet a reasonable standard of care and harms a patient, either by negligent action or inaction. For example, a doctor could harm a patient by operating on the wrong body part, or a doctor could worsen a patient’s condition by failing to take reasonable steps to resolve an injury. If you have been inured by a negligent medical professional, the Law Office of Shane R. Kadlec is ready to help you take action.

Understanding Medical Negligence

Despite education and training, medical professionals do not always live to up the expectations that are placed on them. A determination of negligence usually depends on how the doctor’s performance compares to the accepted level of care that a reasonable doctor would have administered in a similar situation. If another similarly trained and experienced professional would have made the same choice as the professional in question, a finding of negligence is unlikely. However, if another professional would have made a different choice, a finding of negligence is possible.

Common Types of Medical Malpractice Claims

For a patient to receive compensation in a medical malpractice case, the evidence must show that the doctor’s action or omission caused a specific and measurable injury to the patient. Some of the most common mistakes are:

Not every patient who experiences a poor outcome is entitled to seek compensation, but when a doctor’s negligence causes harm, the injured patient has a right to file a medical malpractice suit. Many legal hurdles make these situations difficult, as there are limits on damages for these claims, as well as complex immunity and notice requirements, so you need to speak with a board-certified personal injury lawyer now for a free case evaluation.

Pharmaceutical Errors

Every day, people are injured or killed by making mistakes with prescription drugs. Common errors leading to medical malpractice claims include:

  • Administering the wrong medication
  • Giving the wrong dosage
  • Mislabeling medication
  • Failing to warn of side effects

Medical Malpractice FAQs

Answer: Medical doctors are common defendants in medical malpractice lawsuits, although they are not the only licensed professionals who can be held accountable for medical malpractice. Dentists, registered nurses, nurse practitioners, pharmacists, optometrists, chiropractors, physician assistants, and even a healthcare facility as a whole can be sued for medical malpractice.

Answer: If a doctor or other licensed health-care professional causes avoidable harm to you, then you may have a malpractice case. Common types of medical negligence that lead to malpractice litigation include surgical errors, missed or delayed diagnoses, negligent prescribing, or medication errors. Neglect and abuse in nursing homes is another large category.

Answer: Healthcare professionals have a duty to use the level of care demanded by the standards of their profession and to act as a reasonable person with the same level of experience would in a similar situation. The first thing that must be proven is that the professional has violated this duty by acting carelessly or by failing to act when they should have. It must then also be demonstrated that you suffered harm as a result. These are the main elements that must be proven to sustain a successful malpractice claim.

Answer: Dental malpractice can leave a person with lasting pain or disfigurement. Common dental errors include mistaken extraction, anesthesia errors, unnecessary procedures that are frequently profit-driven, and infections caused by equipment that was inadequately sanitized.

Answer: When a patient consults with a healthcare professional with a concern about their health, the provider has a duty to make reasonable attempts to discover the cause of the patient’s symptoms. Doctors sometimes fail to take a complaint seriously, and they may not conduct reasonable testing in pursuit of a diagnosis. This can lead to dangerous health conditions progressing unchecked until they can no longer be treated as easily or successfull. This is known as a delayed diagnosis. Diagnoses that are missed entirely may be discovered only when the disease is terminal or after an autopsy.

Answer: Surgeries do not always go perfectly. Often, this is due to a careless mistake by the surgeon or one of their assistants. Having a foreign object left inside you, contracting an infection due to poor sanitization, having the wrong operation performed, or suffering a serious and avoidable complication can all amount to medical malpractice.

Answer: Often, the party who has the best proof of medical negligence is the provider themselves. Hospitals may be reluctant to turn over information that could be used against them in court, and some patients do not even learn of the malpractice until many years after the incident giving rise to the claim. Fortunately, an attorney may be able to compel the health care provider to turn over the records you need.

Answer: Vulnerable adults living in nursing facilities deserve high-quality care. Those with a loved one living in a nursing home should be aware of a few common signs that neglect or abuse is taking place, including unexplained injuries or falls, sudden personality changes, fast weight loss, bedsores, and fearful behavior. Poor hygiene and cleanliness or unanswered call lights may also be cause for great concern.

Speak With an Experienced Houston Malpractice Attorney

Your medical malpractice claim is about more than your recovery. Your willingness to act could protect the lives of others from an inept or negligent medical professional. When medical personnel fail to properly administer prescription drugs or proper patient care, you face serious risks. People injured as a result of pharmaceutical errors or medical negligence should consider filing a suit for medical malpractice.

Houston attorney Shane Kadlec has dealt with similar cases for more than two decades. Call his office at 281-643-2000  to learn how he can help you. You may also contact us online for a free consultation. We represent victims of medical malpractice in Houston, Sugar Land, Katy, The Woodlands, Pearland, Memorial, Harris County, and the surrounding areas.