When someone is harmed by the carelessness or intentional act of a medical professional, they often want to hold the individual accountable for their injuries via a medical malpractice claim. That said, to win such a claim, you are required to prove several things. For a more in-depth explanation of how to prove medical malpractice, please read on, then contact an experienced Harris County, Texas medical malpractice lawyer soon. The elements you will need to show to prove your medical malpractice case in Texas include:
The existence of a provider-patient relationship
The first thing you will have to prove when seeking compensation via a medical malpractice claim is that the physician in question owed you a duty of care. Essentially, if it was formally established that the physician in question was, in fact, your treating physician, then they would have owed you a duty of care.
The medical standard of care was breached
Once we can prove that the medical professional in question owed you a duty of care, we will have to prove that the medical professional then breached that standard of care by acting in a way that another physician in similar circumstances would not have acted. For example, if it is determined that most physicians would have simply prescribed an individual a certain type of medication, given their particular medical condition, but the treating physician opted for surgery which lead to further complications, it will likely be determined that the physician failed to adhere to the medical standard of care.
Quantifiable proof of harm, i.e. damages
Finally, as long as you can prove that your injury was a direct result of the doctor’s act of malpractice, you’ll need to result that you incurred real, quantifiable damages, including reduced quality of life, further medical treatment, lost income from being unable to return to work, and physical and mental pain and suffering among other things.
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If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.