Doctors are trusted professionals in our culture. We hold them at high standards because of their ability to cure our ailments and make us feel better. Yet everyone makes mistakes. What do you do if you or a loved one had a terrible encounter with medicine and the doctor failed to fulfill promised duties? You file a medical malpractice lawsuit with the help of Gordon Law Firm in Houston, TX.
A medical malpractice claim is relatively simple. It’s a four component process in which all parts must be present for a strong case: a patient-doctor relationship, doctor’s negligence, patient injury due to doctor’s negligence, and patient injury caused specific damages.
This is as simple as a traditional office visit where you went to visit the doctor and he or she treated you under free will. You both officially acknowledge you are the patient and the doctor. In contrast, you can’t hold medical advice given during small talk on a flight home as a legitimate patient-doctor relationship.
You can’t just sue a doctor because you are not happy with the results of your treatment. It must be a truly negligent decision from the doctor. This is typically qualified as by whether the doctor was “reasonably skillful and careful.” This standard compares general doctor knowledge when judging decisions made regarding treatment.
Patient Injury & Damages
To file a successful medical malpractice lawsuit, it’s imperative that the patient’s injury was a direct result of the doctor’s negligence. While most people who visit the doctor are already ill or injured, it is sometimes difficult to prove it was the doctor’s fault. Essentially, the patient must prove that injury occurred more likely due to the doctor’s negligence than not. If all is said and done and the patient recognizes the doctor’s negligence but does not actually suffer injury, a medical malpractice lawsuit may not be filed. However, if all signs point to malpractice, the injured patient may claim damages for physical pain, psychological pain, medical bills accrued to negligence, and any compensation for lost work time or income.