Understanding Medical Malpractice in Texas
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in patient harm. This standard represents what a reasonably competent provider with similar training would do under comparable circumstances. For example, if a doctor misreads test results and delays cancer treatment, causing the disease to advance to a more serious stage, this may constitute malpractice. Similarly, if a surgeon operates on the wrong body part or leaves an instrument inside a patient, these clear deviations from acceptable practice can form the basis of a claim.
Common Types of Medical Errors
Medical malpractice can take many forms across different healthcare settings in Lamesa. Diagnostic errors represent one of the most frequent categories, where providers fail to identify conditions promptly or misdiagnose symptoms entirely. Surgical mistakes, including wrong-site procedures or anesthesia errors, can cause catastrophic injuries. Medication errors may occur when pharmacists dispense incorrect prescriptions or when doctors prescribe dangerous drug combinations. Birth injuries resulting from negligent prenatal care or delivery room mistakes can affect both mothers and newborns. Additionally, nursing home abuse and neglect cases often involve substandard medical care that leads to bedsores, infections, or preventable complications.
Building a Strong Medical Malpractice Case
Proving medical malpractice requires demonstrating several key elements. First, you must show that a healthcare provider owed you a duty of care through an established patient-provider relationship. Next, you need evidence that the provider breached this duty by deviating from accepted medical standards. The breach must have directly caused your injury, and you must have suffered actual damages such as medical expenses, lost income, or physical pain as a result.
Texas law requires medical malpractice plaintiffs to provide expert testimony from qualified healthcare professionals. These experts review medical records and offer opinions about whether the care you received fell below acceptable standards. Attorney Chaile Allen works with respected medical professionals who can evaluate your case and provide the necessary testimony to support your claim. She thoroughly investigates each case, reviewing medical records, consulting with specialists, and gathering evidence to build the strongest possible argument for compensation.
The statute of limitations for most medical malpractice claims in Texas is two years from the date of the negligent act or from when you discovered, or reasonably should have discovered, the injury. However, some exceptions may apply depending on your specific circumstances. Because these deadlines are strict, consulting with a qualified attorney promptly after discovering potential malpractice is essential to protecting your rights.
