Q: What has to be proven in order to win damages in my medical malpractice case?
Winning a medical malpractice case is not easy. People who suffer injuries or complications because of something a medical professional did (or didn't do) are still faced with proving it - even if they know it was the fault of their formerly trusted physician. Even if you are 100% sure that the pain you're going through right now was directly caused by someone else, this is not enough for the court.
With medical malpractice, the idea is not to prove that someone made a mistake – it needs to be proved that they acted negligently. The law acknowledges that simple errors happen in the medical field and are fully possible, even if a doctor is doing everything possible to treat you properly. What the judge wants to know is if the doctor made a mistake that would not have been something another doctor in his or her position would have done. There is a certain standard of care that medical professionals are required to provide and medical malpractice happens when they act outside of that standard.
Another part of winning damages in a medical malpractice case may seem obvious, but not everyone realizes this: there have to be actual damages to sue for, meaning, there needs to be an injury. If a doctor did something wrong, but it didn't hurt you in any way, you can't really sue for anything because you haven't lost anything.
Finally, your Texas medical malpractice lawyer needs to prove that the negligent actions of the doctor directly caused your injuries.
If you believe you were the victim of medical malpractice in Texas, Oklahoma or Arkansas and you would like to pursue legal action, contact Girards Law for a free consultation at 888.897.2762