Your pain hasn't subsided despite three surgeries. A loved one's condition worsened dramatically after what should have been a routine procedure. The wrong medication was administered, causing severe reactions that required hospitalization. These scenarios represent the distressing reality many Texans face when health care providers fail to deliver proper care.
Medical errors have devastating consequences. If you believe a health care provider's negligence harmed you or someone you love, understanding the definition of medical malpractice is crucial. The Texas personal injury attorneys at Dortch Lindstrom Livingston Law Group are ready to help your family determine when substandard medical care crosses the line into actionable negligence.
4 Required Criteria for a Texas Medical Malpractice Claim
This is legally defined under the broader category of a "health care liability claim" in the Texas Civil Practice and Remedies Code, Chapter 74. Let's examine the four key factors that indicate you might have grounds for legal action.
1. Duty of Care
First, our medical malpractice lawyers need to establish that the health care provider owed you a duty of care. This duty automatically exists once a doctor-patient relationship forms. When you schedule an appointment, undergo an examination, or receive treatment from a health care provider, they assume a legal duty to provide care that meets professional standards. This relationship applies to all health care providers, including, but not limited to:
- Physicians
- Nurses
- Therapists
- Dentists
- Chiropractors
- Hospitals and clinics
If someone provides medical advice at a social gathering but isn't your doctor, no formal duty exists. Similarly, general health information from websites or books doesn't establish this relationship.
Our team determines if a duty of care existed in your situation by examining medical records, appointment confirmations, billing statements, and other documentation that proves you were under the provider's care.
2. Breach of Standard of Care
This factor refers to the level of care, skill, and treatment that a reasonably prudent health care provider would offer under similar circumstances. This standard varies based on several factors, including the provider's specialty, geographical location, and available resources. For example, a cardiologist practicing in Houston would be compared to other reasonable cardiologists with similar training and access to comparable resources.
Common examples of standard of care breaches include:
- Misdiagnosis or delayed diagnosis. When a doctor fails to identify a condition that a similarly qualified physician would have recognized, potentially delaying crucial treatment. For instance, a doctor might dismiss chest pain as indigestion when clear signs of a heart attack were present.
- Surgical errors. These include operating on the wrong body part, damaging surrounding tissues, or leaving surgical instruments inside a patient. For example, a surgeon might nick a nearby organ during a procedure, causing serious internal bleeding.
- Medication mistakes. Prescribing the wrong medication, incorrect dosages, or failing to check for harmful drug interactions all breach the standard of care. If a pharmacist dispensed ten times the prescribed dose due to misreading a prescription, this could be medical malpractice.
- Birth injuries. Failing to monitor fetal distress, improperly using delivery tools, or delaying a necessary cesarean section causing permanent disability are just a few examples of negligent birth injuries.
- Anesthesia errors. Administering too much or too little anesthesia, failing to monitor vital signs, or not accounting for the patient's medical history can be catastrophic.
3. Causation: Linking the Breach to Harm
This often becomes the most contested aspect of Texas medical malpractice claims. To prove causation, you must demonstrate that your injury or worsened condition wouldn't have occurred without the provider's negligence. This distinction is crucial because not every poor medical outcome results from malpractice—some conditions worsen despite proper care, while others procedures carry inherent risks even when performed correctly.
The causation requirement explains why health care providers typically have patients sign informed consent forms before procedures. These forms acknowledge that you understand the inherent risks. However, these forms don't protect providers from liability for negligent care.
At Dortch Lindstrom Livingston Law Group, our strategy involves working with medical experts who can testify about how the provider's specific actions or omissions directly caused your injuries.
4. Damages: Quantifiable Harm
Even if a provider clearly breached the standard of care, you don't have a viable claim without demonstrable harm. With more than 60 years of experience, our medical malpractice lawyers fully investigate your case to identify key economic and non-economic factors resulting from negligence, such as:
- Medical expenses. Additional treatments, surgeries, medications, rehabilitation, and other current and future health care costs necessary to address the harm caused by the malpractice.
- Lost income. Compensation for wages lost while recovering and for reduced earning capacity if your injuries affect your ability to work in the future.
- Pain and suffering. This addresses the physical pain and emotional distress you experienced as a result of the malpractice. However, there’s a cap on the amount of these damages.
- Disability or disfigurement. Compensation for permanent physical limitations or visible scarring resulting from the malpractice.
- Loss of enjoyment of life. Compensation for diminished ability to participate in activities you previously enjoyed, such as hobbies, sports, or other recreational activities limited by your condition.
Turn to Us For Help With Your Texas Medical Malpractice Case
The skilled attorneys at Dortch Lindstrom Livingston Law Group understand the technical and emotional complications you’re struggling with right now. We’re prepared to evaluate your situation, determine if you have a viable claim, and guide you through the legal process while you focus on recovery. But don’t wait—the statute of limitations on medical malpractice cases is generally two years.
