How To Prove A Texas Medical Malpractice Claim
In Texas, a claim of Medical Malpractice is defined as:
Medical malpractice occurs when a medical provider fails to act in the way a reasonable medical provider would act under the same circumstances, resulting in harm to the patient.
It simply means:
A medical provider hurts someone by failing to act in a reasonable way.
There are 4 elements of the claim:
- Element 1. A medical professional or provider owed a duty to the patient. A medical professional or provider has a responsibility to give patients the standard of care that a reasonably skilled provider would offer in similar situations, ensuring the patient’s health and safety during treatment.
Facts that might support this element look like:
* The medical professional had a formal doctor-patient relationship established through an office visit and consultation.
* The provider was responsible for diagnosing and treating the patient’s medical condition during the course of care.
* The medical professional held themselves out as a qualified expert in the relevant field of medicine.
* The patient relied on the provider’s expertise and recommendations for their health and treatment decisions.
* The provider was aware of the patient’s specific medical history and needs, creating a duty to provide appropriate care. - Element 2. The medical professional or provider breached that duty. A medical professional breached their duty when they failed to provide the standard level of care expected in their field, such as making a mistake in diagnosis or treatment that a competent provider would not have made.
Facts that might support this element look like:
* The medical professional failed to perform the necessary diagnostic tests that a competent provider would have conducted under similar circumstances.
* The provider did not follow established medical guidelines when treating the patient, leading to a delay in appropriate care.
* The medical professional neglected to obtain informed consent from the patient before proceeding with a high-risk procedure.
* The provider misdiagnosed the patient’s condition, which resulted in a significant deterioration of the patient’s health.
* The medical professional failed to document critical patient information, which contributed to a lack of continuity in care. - Element 3. The breach was the cause of the patient’s injury. In a medical malpractice claim, this element means that the mistake made by the healthcare provider directly led to the patient’s harm or injury, showing a clear link between the breach of care and the negative outcome experienced by the patient.
Facts that might support this element look like:
* The patient developed a severe infection following the surgical procedure, which was directly linked to the surgeon’s failure to follow proper sterilization protocols.
* Medical records indicate that the patient’s condition worsened significantly after the prescribed medication was not administered as directed by the attending physician.
* Expert testimony confirmed that the delay in diagnosis led to a progression of the patient’s illness, resulting in irreversible damage.
* The patient’s injury was documented to have occurred within a timeframe that correlates directly with the healthcare provider’s negligent actions.
* A review of the case revealed that had the standard of care been met, the patient’s injury would have been preventable. - Element 4. There were resulting damages or injury to the patient. In a medical malpractice claim, “resulting damages or injury to the patient” means that the patient suffered harm, such as physical pain, emotional distress, or financial loss, directly because of a healthcare provider’s mistake or negligence during treatment.
Facts that might support this element look like:
* The patient experienced severe pain and complications following the surgical procedure that were not disclosed by the medical provider.
* The patient’s recovery was significantly delayed due to the improper administration of medication, leading to additional medical expenses.
* The patient required further surgeries to correct the initial procedure, resulting in prolonged suffering and financial burden.
* The patient developed a chronic condition as a direct result of the negligent care received, impacting their quality of life.
* The patient incurred substantial medical bills for treatments that were necessary due to the healthcare provider’s failure to meet the standard of care.
(See Columbia Med. Center Las Colinas v. Hogue, 271 SW 3d 238 – Tex: Supreme Court 2008.)
If you’re in court without a lawyer and plan to assert a Claim of Medical Malpractice, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of Medical Malpractice claims effectively.
Prove Your TX Medical Malpractice Claim
U.S. Civil Cases Only