Exploring The Requirements for Medical Malpractice With An Accident Attorney In Fort Worth, TX

by | May 3, 2016 | Lawyers and Law Firms

In Texas, a medical malpractice exists when a doctor fails to provide high-quality health care. The circumstances of failures that present a medical malpractice may vary. However, all instances imply that the doctor didn’t fulfill their duties as outlined under federal laws. An Accident Attorney in Fort Worth TX provides legal representation for all victims of these injustices.

Records for Treatment After the Injury

The victim must acquire all medical records for their injuries when filing a formal claim. This includes all treatment following the medical malpractice. These records present the exact nature of the injuries caused by the original doctor. They also determine the full impact that these injuries had on the victim. They determine where the failure occurred originally.

Acquiring a Medical Witness

A medical doctor that shares the same credentials as the original doctor must testify in a medical malpractice case. They must show how the error occurred and how it produced injuries. For example, they could show that the doctor didn’t possess adequate training to perform a surgical procedure and shouldn’t have been allowed to do the procedure by the hospital. They could also show that if the doctor provided the right medication initially that the patient wouldn’t face life-threatening circumstances.

Evaluating the Doctor or Surgeon

The court must evaluate the credentials of the doctor that performed the procedure. They must determine that the doctor was licensed legally. They must evaluate the doctor’s records for any similar procedures and the outcome of the surgeries. This allows the court to establish a pattern if more patients sustained similar injuries.

When Punitive Damages are Available

Punitive damages are awarded as a form of punishment for the doctor. The court may award these damages based on the full impact of the medical malpractice. They may also strip the doctor of their license if they are a risk to future patients.

In Texas, a medical malpractice case requires extensive medical evidence to support the victim’s claim. It must provide exact evidence showing a clear link between the doctor’s actions and the victim’s injuries.

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