Medical Negligence and Malpractice
Medical Negligence and Malpractice LAW Firm
Medical negligence or medical malpractice takes place when a doctor does something to a patient that another reasonable careful physician would not do, or when a doctor fails to follow proper procedures for treating a patient and these actions cause an injury or loss of life. In other words, Medical Malpractice is an act or omission (failure to act) by a medical professional that deviates from the accepted medical standard of care and causes harm, injury or death to the patient.
At Rad Law Firm, we understand that a serious medical error due to medical negligence or medical malpractice can result in deep personal pain and loss and will do everything we can to fight for your rights and get you the compensation you deserve for your injuries. If you feel you are a victim of medical malpractice or medical negligence call a Medical Malpractice Injury Attorney at Rad Law Firm, we are standing by to talk to you.
Common Types of Medical Malpractice
Negligence in medical situations can occur in a wide range of situations, including the following:
- Refusal to administer treatment
- Plastic surgery errors
- Nursing errors
- Pharmacy errors
- Failure to diagnose
- Brain damage to infants
- A surgical or anesthesia-related mistake made during a surgical procedure
- Nursing Home Neglect
- A physician’s failure to gain the informed consent of the patient for an or
- surgical procedure
- Wrongful amputation
- Misuse of prescription drugs, a medical device, or an implant
When we are sick or are in need of medical attention, we trust doctors, surgeons, nurses, and other medical personnel to administer the right treatment in a responsible manner. In the event this does not happen, it may result in serious injury or even loss of life. Medical errors, negligence, or malpractice oftentimes result in catastrophic injury or death. Due to the complicated nature of these types of cases, it is important that you have a medical negligence attorney by your side who has your best interests in mind and understands how to navigate the legal system.
At Rad Law Firm, we help people who have experienced injury, pain, suffering, or loss because of medical malpractice or medical negligence. Our medical negligence lawyers and medical malpractice attorneys understand that most people trust that they will receive the care and attention they need when they are under the care of a doctor’s office or hospital but sometimes things can go wrong.
In many cases, medical malpractice suits can be brought against a physician or hospital staff if evidence shows that the health care provider violated the “Standard of Care”, or rules that must be followed in providing medical care to patients
The 4-D's of Medical Negligence
The four D’s will help you to determine whether or not you actually have a strong case against the negligent healthcare professional. The four D’s consist of duty, dereliction, direct causation, and damages.
It is the doctor’s duty to follow strict rules and to complete treating a patient with competence. This means that the doctor must practice confidentiality, listen to the patient, and treat the patient with respect. If it is in the doctor’s power to help the patient, they must do so. If it is not in the doctor’s power to help the patient then they should refer the patient to another professional who can treat them appropriately.
Dereliction implies that the doctor violated their duty and or trust. Typically, this means that the doctor did not meet the expectations of the patient or they stepped out of bounds. For example, if the doctor went beyond what was authorized by the patient, such as removing an additional organ during a surgery. This can also include cases in which a doctor amputates the wrong limb or work in a non-sterile environment leading to infection.
If there was a dereliction of duty, it must be asked as to whether or not this dereliction directly caused the negative outcome. For example, if a misdiagnosis caused a patient to fall further ill or perhaps caused a fatality, then it could potentially be considered a direct causation.
Damages refer to the physical, mental, emotional, and financial suffrage of the patient that was caused via the direct causation or dereliction of duty by the healthcare professional. The question is whether or not the doctor will be directly held responsible and held accountable for any damages that occurred.
If you believe you have suffered from the negligence of your medical provider please contact one of our experienced medical malpractice attorneys in any of our convenient locations: Dallas, Fort Worth,Houston, Austin, Brownsville as well as Los Angeles, CA.
We encourage you to contact the Rad Law Firm right away.
The consultation is free and you are under no obligation.