Allen Medical Malpractice Accident Lawyer
Medical Malpractice Attorney in Allen, TX
Medical malpractice is a seriouds and complex legal matter that requires the assistance of a highly experienced lawyer. In medical malpractice cases, the injured party must prove that the medical provider’s care fell below the accepted standard of care and that the injury sustained was a direct result of that substandard care.
This means you need a lawyer to explain complex medical terminology, regulations, and concepts in simple language the judge and jury easily understands. Attorney Dale R. Rose in Allen, Texas, understands the nuances of medical malpractice and will help you pursue your legal remedy.
What Is Medical Malpractice?
All medical professionals are expected to provide a necessary level of care in exercising their duties (known as ‘care of duty’). This includes taking the necessary steps to diagnose, treat, and care for their patients most appropriately. They must adhere to the professional standard of care and follow accepted medical protocols when diagnosing and treating their patients. Medical malpractice occurs when a medical professional or healthcare provider fails to provide a patient with the accepted level of care and treatment, resulting in an injury, illness, or death.
To prove allegations of malpractice, the plaintiff must:
- Prove that the medical professional had a duty of care to the patient.
- Demonstrate that the medical professional was negligent in the care of the patient.
- The negligence caused the injury or illness that resulted in damages.
Proving such allegations is often difficult, as the medical professional will likely deny any fault. An experienced medical malpractice attorney understands the complexities of these cases and will help you build a solid case to seek compensation.
What Are the Most Common Types of Medical Malpractice?
While there are numerous, some of the most common types of medical malpractice include:
Misdiagnosis or Failure to Diagnose
When a medical professional incorrectly identifies a medical condition or fails to identify it altogether, it may result in inappropriate treatments, delays in treatments, or missed opportunities for treatments, all of which is detrimental to the patient’s health.
Delay in Diagnosis
In addition to the above, medical malpractice may occur when a medical professional takes too long to diagnose a medical condition. Delayed diagnosis may cause unnecessary pain, complications, or even death. The delay must be due to the medical professional’s negligence to be considered malpractice.
Surgical Errors
Surgical errors include wrong-site surgery, operating on the wrong body part, leaving behind surgical equipment, or performing the wrong procedure. Additionally, surgeons may be held responsible for errors made by their surgical team or for failing to follow safety protocols properly.
Anesthesia Errors
Anesthesia errors occur when a medical professional administers incorrect doses or types of anesthesia, fails to monitor a patient’s vital signs during surgery, or fails to recognize a reaction to anesthesia. These errors may result in permanent disability or death.
Birth Injuries
Birth injuries may include physical trauma, cerebral palsy, Erb’s palsy, and shoulder dystocia. Additionally, medical professionals may be held responsible for failure to diagnose or treat fetal distress or for failing to perform a timely cesarean section.
Prescription Errors
Whether it is the doctor who prescribed the medication or a pharmacist who filled the order, either may be held responsible for errors that lead to adverse reactions or drug interactions.
Failure to Obtain Informed Consent
Informed consent is necessary to ensure that the patient is aware of the risks associated with the procedure and has consented to the medical procedure. This might mean informing a patient of the risks of a particular procedure or the risks of not undergoing a certain procedure.
What Type of Compensation Are Available in a Medical Malpractice Case?
The compensation you receive will be based on the type of error, the extent of the injury, and the damages incurred. Depending on the circumstances of your case, you may be eligible for economic and non-economic damages which may include:
Economic Damages
These damages are calculated by looking at certain factors such as past and future medical expenses, lost wages, and the cost of hiring someone to assist with daily tasks. They are typically the easiest to calculate and argue for since there is usually a record of expenses associated with the injury.
Non-Economic Damages
These damages are more difficult to calculate as they are not associated with a specific cost or amount. These damages cover pain and suffering, emotional distress, and other intangible losses. In some cases, plaintiffs may also be entitled to punitive damages. However, punitive damages are typically only awarded when it is proven that the medical provider acted with reckless disregard for the patient’s safety.
Who May Be Held Liable for Medical Malpractice?
In a medical malpractice case, the medical provider who provided the treatment may be held liable. This may include the physician, nurse, technician, or any other professional involved in the treatment. In some cases, the hospital or clinic where the treatment took place may also be held liable if it is proven that the institution failed to provide appropriate care. If the case also involves a defective product, the manufacturer may also be held liable.
However, to prove that medical malpractice occurred, the plaintiff must be able to show that the medical provider’s action or inaction breached the accepted standard of care, resulting in injury or damages. This is sometimes quite complex, especially if the case involves a chain of command. To have the best chance at proving your case, it’s best to work with an experienced medical malpractice lawyer.
Seeking Justice After a Medical Malpractice Injury in Allen, TX? Contact Dale R. Rose PLLC
When seeking justice after a medical malpractice injury, it’s important to seek the advice of an experienced attorney who will provide the guidance and support needed in such a complex, delicate situation. Dale R. Rose, PLLC, is committed to helping those who have been injured due to the negligence of a medical professional. The last thing you need in a time like this is to feel overwhelmed and uncertain about what to do.
Dale R. Rose, PLLC, is here to help you navigate the complicated legal field and build a strong case against those responsible for your injury. With a free consultation, rest assured that your case will be handled with the utmost care and attention and that the best outcome will be sought. Don’t hesitate any longer. Contact us today at (972) 634-ROSE (7673) or complete our contact form to schedule your no-obligation consultation.
