How Can You Tell If My Doctor Has Breached The Duty Of Care?

Every doctor owes duty of care to all their patients at all times. Any medical professional who sees or takes care of you assumes duty of care. This means medical professionals are required to provide care to their patients that any other reasonable person would provide. If a medical professional fails to provide duty of care to a patient, or if their failure to act appropriately leads to a negative impact on your health, it is important to find an experienced medical malpractice lawyer. Our team at Salazar & Velazquez has experience fighting for clients with medical malpractice cases in the Houston, Texas area.

The Medical Standard Of Care

All medical professionals have a standard of care they follow, which basically boils down to “do no harm.” The standard of care in regard to a malpractice case looks at the care you were provided and compares that with the standard care another medical professional should have offered. In other words, would another, equal healthcare professional provide the patient the same treatment under similar circumstances? If the answer is no, the medical professional may have not only breached the medical standard of care but may also have breached the duty of care. If you believe you may have been mistreated by a doctor or other medical professional, it is time to find an accomplished malpractice lawyer. Contact us today for a free consultation.

What Is a Breach of Care?

Negligence is another word for breaching duty of care. If a doctor irresponsibly or carelessly breached their duties of care to a patient and caused injury or impacted their daily life, the medical professional can be held responsible for damages. These can be minor or major mistakes that lead to an injury or disability and are ultimately the result of the care you received. These mistakes can range from being prescribed the wrong medication or an incorrect dose, being administered incorrect drugs, not diagnosing a health condition properly, prematurely discharging a patient, making a major mistake during surgery, and much more.

However, receiving poor medical treatment does not necessarily mean the medical professional has breached the duty of care. To have a malpractice case, it must be established the doctor’s irresponsible acts are what resulted in injury or disability.

Proving Negligence Caused Harm Or Losses

After showing a breach of duty of care, the next step is proving that the care you received caused harm or losses. Proving this can be difficult, which is why it is always important to have a skilled medical malpractice lawyer on your side. It is the burden of the plaintiff to attest to every element documented in the malpractice claim. There always needs to be a direct connection between the injury sustained and the medical care that was provided. It is also imperative to prove that the breach of duty of care resulted in losses. This can be the cost of hospitalizations or treatments, any lost wages from missing work, the loss of ability to work or your earning capacity, chronic pain, and more.

Do You Need A Malpractice Lawyer?

A medical malpractice claim shouldn’t be taken lightly, and before jumping into a claim, it is important to know what is fully expected. It is important to seek the guidance of a law firm with vast knowledge and experience dealing with medical malpractice claims. The clock is ticking if you feel you are a victim of medical malpractice. There is a two-year statute of limitations for medical malpractice in Texas. The team at Salazar & Velazquez specializes in personal injury claims and medical malpractice and can help you get the ball rolling on your claim.

If you feel you may be a victim of medical malpractice, contact us today for a free consultation.

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