Texas Medical Malpractice Lawyer - Hospital Negligence
What Constitutes Medical Malpractice?
Medical Malpractice Cases
Common Medical Malpractice Claims
Birth-related medical malpractice occurs when a doctor, hospital, or other medical staff acts negligently, fails to follow the standards of care for patient safety, and causes one of the following harms:
- Injury to the mother or child during pregnancy or delivery.
- Failure to Warn -- When the parents should have ended or avoided a pregnancy for safety or health reasons.
- Birth Defects caused by negligent prenatal care or misdiagnosis.
Even if medical negligence occurred at a hospital, it does not mean the hospital itself is automatically liable. Generally speaking, hospitals, like all employers, are liable for the harms caused by their negligent employees. However, most doctors at hospitals are independent contractors - meaning they are not employed by the hospital.
Typically, nurses, medical technicians, support staff, nutritionist, and administrators are hospital employees. If a patient is injured while being treated by a hospital employee, the patient can usually sue the hospital for resulting damages.
In any medical malpractice case you must show exactly how your injury was caused by medical negligence. When it comes to doctors,you must first establish what the required standard of care was, and whether your doctor failed to meet the standard. Second, you must show how that failure in standard of care caused your specific injuries and damages.
Failure to diagnose is when your doctor failed to connect the dots between your symptoms and underlying condition. Misdiagnosis may also be a failure to diagnose, but it normally refers to when your doctor incorrectly believes you have an underlying condition when you actually suffer from another; and the doctor should have known the correct diagnosis to make. Delayed diagnosis is when your doctor isn't fast enough in making the connection between your symptoms and the underlying condition.
Common Failures with Diagnosing Patients:
- Failure to admit or treat Patient
- Failure to order necessary diagnostic or radiological tests (x-rays, CT scans, MRI);
- Failure to consider and diagnose symptoms;
- Failure to note or act upon patient complaints or family concerns;
- Failure to communicate or record information - a break in the continuity of care
- Failure to respond appropriately
Medical neglect, where the nursing home fails to provide adequate attention, prevention, or medication for concerns such as bed sores, infections, cuts, diabetes, cognitive diseases, and mobility concerns.
Negligent Supervision- Where the elder person is repeatedly ignored, left alone, or disregarded.
Basic needs neglect, where the nursing home neglects to provide reasonable food, water, or a safe and clean environment.
Hygienic Neglect - where patients do not receive adequate help with laundry, cleaning, bathing, brushing their teeth, or other forms of hygienic practices.
All surgeries involve risk. Surgical errors go beyond the known risks of surgery. Common surgical negligence include:
- Injuring nerves or ligaments during the procedure;
- Leaving equipment or material inside the patient's body;
- Operating on the wrong body part;
- Incorrectly performing the incision; and
- Administrating pre and post operative medication incorrectly.