Medical malpractice is more common than many people realize. An estimated one in three medical professionals will be sued at least once throughout their careers.
A medical malpractice lawsuit arises when a medical professional’s negligence leads to a patient’s harm. For example, if a doctor fails to reasonably diagnose a patient and this leads to a worsening health outcome, this may constitute medical malpractice.
The first step that a victim of medical malpractice should take is to hire an attorney. The question is, what if the victim cannot file a medical malpractice lawsuit themselves?
Read on to learn who can file a medical malpractice lawsuit in Houston.
What Constitutes Medical Malpractice?
There are four elements that must be satisfied in order to file a medical malpractice lawsuit:
- The patient and medical professional had a relationship
- The medical professional’s negligence led to a deviation in the standard of care
- The medical professional’s negligence resulted in the patient’s harm
- Negligence was the direct cause of the patient’s harm and financial loss
Of these four elements, the first is the only one that’s easy to establish. The goal is to prove that a medical professional’s actions or inactions did not align with the reasonable standard of care, leading to the victim’s current health problems. Because it is so difficult to establish three of the four elements of medical malpractice, working with an attorney is imperative.
Who Can File a Medical Malpractice Lawsuit?
If a patient believes that they are the direct victim of medical malpractice, they have the right to file a medical malpractice lawsuit. What if that victim is unable to file a medical malpractice lawsuit due to age, disability, or death? The following people may file a Houston medical malpractice lawsuit on the victim’s behalf:
- the parent or legal guardian of a minor (someone under the age of 18)
- the parent or legal guardian of a disabled or incapacitated adult who is unable to reasonably file a lawsuit on their own
- the surviving spouse, child, or parent of a victim who has died due to medical malpractice
Regardless of who files the lawsuit, the goal remains the same: to secure damages. This includes related medical bills, loss of income, and other intangible losses such as pain and suffering. In the state of Texas, victims or their rightful representatives have two years to file a medical malpractice lawsuit.
Hire a Medical Malpractice Attorney in Houston
Medical malpractice happens often. If you or a loved one are the victim of medical malpractice, the next best step is to consult a lawyer. This is the best way to determine whether or not you have a sound medical malpractice lawsuit on your hands.
Do you need a medical malpractice attorney in Houston? Contact the attorneys at Cox Pradia Law Firm. You will receive a free consultation before you make any final decisions.