Strong Advocacy Through Medical Malpractice And Nursing Home Negligence Claims
To be successful on a medical liability case, the injured party must usually prove each of the following points by a preponderance of the evidence (i.e., by a greater weight and degree of credible evidence admitted in the case):
- Negligence: That the medical or health care provider was negligent in the care and treatment of the patient. This is accomplished by showing the medical or health care provider’s care fell below a legally recognized standard of reasonable and prudent medical or health care.
- Proximate causation: That any such negligence was a proximate cause of the occurrence of injury or death involved in the case. This means that it should have been foreseeable to a reasonable medical or health care provider that the alleged negligent conduct might reasonably result in an injury to the patient; and, that such negligence was a substantial factor in bringing about such injuries that, in reasonable medical probability, would not have occurred.
- Damages: That a specific amount of money damages, if any, would fairly and reasonably compensate, the injured party for the injuries and damages he or she sustained in the past, and/or will probably sustain in the future, as a result of the occurrence of injury or death in this issue.
What Should I Do If I Suffered Medical Malpractice Or Nursing Home Negligence?
Immediately consult with Brian T. Cartwright or Samuel B. Burke to help you determine what your rights and responsibilities are. There are time deadlines, called statutes of limitation, that you must file suit in or your claims will be forever barred.
Likewise, there are pre-suit notice requirements that must be followed, or your claims could be barred as well. Because medical malpractice and nursing home negligence claims typically take a significant amount of work and time to evaluate, prepare and file, you must take action as quickly as possible to ensure there is adequate time to do what is necessary to maximize your success. The longer you wait, the more likely Brian will not be able to accept representation.
Should I Get A Copy Of My Medical Records?
Yes, get a complete copy of your medical records. Believe it or not, health care providers have been known to change medical records in order to protect themselves and prevent you from seeking justice against them.
If you a get copy of your medical records before the doctor, nursing home or hospital knows you are going to pursue a claim against them, you will be able to better protect yourself from such destruction and/or alteration of the truth. If you are requesting medical records from a hospital in Texas, ask them to provide the information in digital or another electronic form.
Should I Contact An Attorney To Discuss My Medical Malpractice Or Nursing Home Negligence Claim?
Yes. Medical malpractice and nursing home negligence cases can be extremely complicated. Brian and Samuel are board-certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law, respectively, and stand ready to answer your questions and help through this difficult and trying time of your life.
Articles On Medical Malpractice:
Statute Of Limitations – Medical Negligence And Malpractice (Adults)