Medical malpractice is negligence on the part of a healthcare provider. A medical malpractice claim must show that a medical professional fell short of the accepted standard of care for similar medical situations, resulting in harm to a patient.
If a doctor, surgeon, nurse, technician, pharmacist, hospital administrators or others are responsible for this type of negligence and significant harm results, a medical malpractice claim may proceed. The injured patient or surviving family members may be entitled to compensation for their losses, including all related medical expenses, lost wages, pain and suffering, and other losses.
Texas law puts several restrictions on medical malpractice lawsuits, but any potential claim should be investigated. Valid medical malpractice claims can provide needed financial assistance to individuals and families that have been significantly harmed, and can prompt medical institutions and professionals to fix potentially deadly problems in their practices.
The medical malpractice lawyers of Kraft & Associates, P.C., investigate and pursue medical malpractice cases aggressively on behalf of our clients. If you or a loved one has had an unexpected negative outcome from a medical procedure, contact us today for a free and confidential discussion of your legal options.
Common Examples of Medical Malpractice Claims
Medical malpractice claims may go forward when an investigation identifies a preventable medical error due to negligence that has caused significant harm to a patient. Medical malpractice claims are generally pursued after such incidents such as:
- Emergency room error. ERs are often where a critically ill patient and the medical community first interact. Healthcare providers who rush through examinations or miscommunicate with each other can cause errors in diagnosis, treatment or laboratory tests, for example. Some patients are mistakenly discharged when they should have been admitted to the hospital.
- Misdiagnosis. A faulty diagnosis or failure to diagnose an illness, injury or other medical condition results in a patient not receiving proper treatment in a timely manner. In many cases, the delay can make the difference between successful treatment and a poor outcome. The patient may receive no treatment or improper treatment, which may make the condition worse.
- Medication error. An error in medication may be the administration of the wrong drug, the wrong dose, missed doses, doses at the wrong intervals (too soon or too late), or the use of a drug alone or in combination with other medications that cause an adverse reaction. Medication errors are usually attributed to poor communication, including failure to obtain a thorough medical history from the patient.
- Infections. Infections that form while under medical care, often called “hospital-acquired infections” or HAI, cause tens of thousands of wrongful deaths every year. They may be caused by negligence during surgery that leaves the patient with a condition that will develop into an infection, negligent post-operative care or other negligence regarding an open wound. Multiple HAIs in a medical institution may be a sign of problems with policies and procedures.
- Surgical error. There are several common errors seen in the surgical arena, including operating on the wrong body part, leaving materials or instruments (sponges or scalpels, for example) in the patient’s body, using unsanitary tools, and injuring an organ that was not part of the procedure. There are also pre-operative errors that can harm a patient during surgery and post-operative errors that can hinder a patient’s recovery.
- Anesthesia error. A mistake in administering the anesthesia to prevent pain and awareness during surgery can cause serious complications like heart attack or stroke. Negligence may lead to using the wrong type or dosage of anesthetic, or failure to effectively monitor the patient while he or she is under anesthesia. Insufficient anesthesia may allow a patient to “wake up” before the operation is over.
- Birth injury. Injuries that occur because of negligence while assisting mother and child during birth can lead to lifelong disabilities. Common birth injuries include cerebral palsy, brachial plexus injury, cervical dystonia, fractures and other types of nerve damage. They typically happen when a doctor or nurse fails to recognize problems and act promptly to resolve complications during labor or delivery, or shortly after the child’s birth.
Contact an Experienced Texas Medical Malpractice Lawyer
If you or a loved one has suffered an unexpected negative outcome to a surgical procedure or other type of medical treatment, the medical malpractice attorneys of Kraft & Associates, P.C., in Dallas can help. Our legal team conducts thorough investigations and analyses of potential medical malpractice cases, and aggressively pursues claims that can move forward.
There are strict statute-of-limitations deadlines on medical malpractice cases in Texas. It is best to start work on your claim as soon as possible. Please contact Kraft & Associates for a free, confidential and no-obligation review of your case. Phone (214) 999-9999, e-mail email@example.com, or fill out our online form to get started today.