Medical negligence or "malpractice" occurs when a physician, dentist, nurse or other healthcare provider fails to do something that should have been done or does something that should not have been done, and this results in injury or death. There are minimum standards of care that must be met when caring for patients. While a simple mistake is not enough to constitute negligence, a death or injury caused by the failure to provide reasonably appropriate and common standards of care or the failure to diagnose an easily detectable illness may be malpractice.
Medical malpractice causes hundreds of thousands of injuries and deaths every year. The victims of medical malpractice may seek compensation for their physical, emotional, and financial suffering from the negligent health care providers
Health care providers subject to medical malpractice claims include, but are not limited to:
- Hospitals; and
- Nursing Homes.
Medical malpractice takes a variety of forms. For example, health care providers can:
- Fail to treat;
- Delay treatment;
- Misprescribe; or
- Fail to obtain informed consent.
Injuries suffered at the hands of negligent health care providers are numerous, vary greatly and can include:
- Birth trauma injuries;
- Cerebral palsy;
- Brain injuries;
- Spinal cord injuries; or
Individuals who have suffered injuries as a result of medical negligence may be entitled to compensation for:
- Medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Past and future physical pain, suffering, and disfigurement; and
- Past and future emotional distress.
The loved ones or other representative of individuals who die as a result of medical negligence may be able to recover for:
- The deceased’s medical expenses;
- Funeral and burial expenses;
- The deceased’s conscious mental and physical pain and suffering (actually considered a ‘survival action’);
- Loss of the deceased’s financial support and benefits for his or her expected lifetime (income, pension, medical coverage);
- Increased expenses incurred (such as for paying someone to perform the duties previously performed by the homemaker); and/or
- Loss of consortium, companionship, care, guidance and affection.
If you or a loved one have been injured by medical malpractice, please contact The Houston Personal Injury Lawyers at the Barnes Law Firm,LLP immediately. Our Medical Malpractice Attorneys would be honored to review any potential claim you may have in regards to Medical Malpractice. Your legal rights and remedies could be adversely affected by failing to timely secure legal representation.