A Medical Malpractice Lawyer in Waxahachie, TX Understands the Complicating Factors in These Cases

by | Sep 14, 2017 | Lawyer

A person who has been seriously hurt due to the negligence of a medical practitioner may wish they could go back in time and prevent the incident. A medical malpractice lawyer in Waxahachie, TX cannot make that happen, but they can make sure the client receives financial compensation to pay for medical expenses, physical and emotional harm, and loss of income.

Examples of Possible Malpractice

Medical doctors and facilities where they work carry substantial malpractice insurance so patients can be compensated in case something goes wrong due to a preventable error. A misdiagnosis or failure to diagnose, a serious mistake made during surgery, and issuing the wrong prescription for medication are all examples of situations that can make a patient sicker than before.

In some instances, the patient goes on to a full recovery. In others, there is no way to change the circumstance. A patient who has not diagnosed with stage 2 cancer in time may eventually return to the medical center with much worse symptoms that are now the result of a stage 4 disease.

Proving Harm

Patients who file claims or lawsuits through a medical malpractice lawyer in Waxahachie, TX must be able to prove that harm actually occurred due to the error or negligence. For example, issuing the wrong prescription does not qualify for a legal case against the practitioner unless the patient was negatively affected by this situation.

Another complicating factor is that, even when a patient is facing death, an earlier failure to diagnose an illness may not qualify for a malpractice case. The cancer may have been untreatable even at stage 2, and an accurate diagnosis would have made no difference for survival.

Proving Negligence

In addition, the problem that occurred must be due to negligence. Misdiagnosis, by itself, does not necessarily constitute malpractice. These cases can be complicated legally, as lawyers with a firm such as Mallios & Associates PC understand.

Expert witnesses for the plaintiff may argue the physician should have been able to make the correct diagnosis, but the doctor and hospital may have their own expert witnesses explaining why the error in diagnosis was reasonable. Visit the website to schedule a free consultation.

Latest Articles