Amarillo Medical Negligence Lawyer
Texas Medical Malpractice & Negligence Claims
We trust doctors, nurses, and other healthcare professionals to provide proper medical treatment and care. Unfortunately, some medical professionals and facilities fall short of the acceptable standard of care—with devastating consequences.
If you believe that you or someone you love received substandard medical care, leading to serious injury or death, you could have grounds for a medical malpractice claim. At Wood Law Firm, LLP, we are ready to help you understand your legal rights and guide you through the process of seeking fair financial recovery. We have successfully recovered millions of dollars on behalf of the injured; find out how our Amarillo medical negligence lawyers can help you and your family fight for the justice you deserve.
What Is Medical Malpractice?
Medical malpractice is a complex, often misunderstood area of personal injury law. Medical malpractice occurs when medical professionals and facilities, such as hospitals, fail to provide patients with an acceptable standard of care. The standard of care refers to the level of medical attention/treatment that one could reasonably expect from a similarly qualified doctor, nurse, hospital, etc. A poor outcome does not necessarily indicate malpractice.
For example, if you visit your primary care physician with concerning symptoms and he or she conducts proper diagnostic tests, analyzes test results carefully and correctly, and considers/rules out common conditions but is still unable to provide a diagnosis, your doctor may refer you to a specialist. While waiting to see the specialist and/or receive treatment, your symptoms may worsen—but this does not constitute medical malpractice and you will likely not have grounds for a case, as your doctor did everything within reason to provide a diagnosis.
However, if a person goes to the emergency room with heart attack symptoms but is not seen promptly, does not receive any diagnostic tests, and is instead told that they are having a panic attack and is sent home, this is likely grounds for a medical negligence case. In this example, the emergency room doctors failed to provide an acceptable standard of care by failing to conduct even the most basic of diagnostic tests to diagnose or rule out a heart attack.
Determining If You Have a Medical Malpractice Case
To bring a medical malpractice or negligence case, you must prove the following elements:
- Duty of Care: To establish the duty of care, you must typically demonstrate the existence of a doctor-patient relationship, meaning you were being seen/treated by the medical provider. This establishes the duty of care, as medical providers are required to provide all patients with a certain standard of treatment.
- Breach of the Duty of Care: You must also show that the healthcare provider failed to uphold the duty of care. Typically, this involves proving that the medical provider took actions or failed to take actions that another qualified medical provider would have not have/would have taken. Proving this often requires expert witnesses who can testify as to the standard of care.
- Damages: You must also prove that you suffered damages due to the breach of the duty of care. Damages can include things like physical injury or a worsening medical condition, medical bills for additional treatment, lost income, pain and suffering, inconvenience, disability, and more. Without damages, you do not have a case.
- Causation: Lastly, you must prove that the breach of the duty of care was the proximate cause of your damages, meaning you would not have suffered injuries/harm had the medical provider upheld the duty of care by providing an acceptable standard of treatment.
It is important that you have an experienced attorney on your side who can aid you in this process. At Wood Law Firm, LLP, we conduct exhaustive investigations and work with a team of experts to determine whether medical malpractice occurred—and who is liable.
Common Examples of Medical Malpractice
Medical malpractice and negligence take many forms. Some common examples include:
- Delayed diagnosis
- Delayed treatment
- Failure to treat
- Anesthesia and medication errors
- Surgical errors
- Unnecessary surgery
- Emergency room and hospital negligence
- Birth injuries
- Improper analysis of test results
- Pharmacy errors
- Poor follow-up care and premature discharge
- Failure to diagnose, including failure to diagnose cancer
While doctors and other healthcare professionals are human and, therefore, prone to mistakes like anyone else, the consequences of these mistakes can be catastrophic or even deadly. Medical professionals must utilize their training and experience to provide patients with an acceptable standard of care. When this does not happen, victims or their loved ones can take legal action.
Put Our Experience & Expertise on Your Side
At Wood Law Firm, LLP, we have handled numerous medical malpractice claims. Our firm’s founder, Attorney Wood, is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, earning him the rare distinction of being acknowledged as an expert in this area of law. Additionally, we have access to vast resources, including medical experts, which allows us to build comprehensive cases demonstrating the full extent of our clients’ losses. Our Amarillo medical malpractice lawyers are prepared to fight tirelessly for the maximum compensation you are owed, even if that means taking your case to trial.
Since 1999, our firm has been representing the rights of injured Texans, including victims of substandard medical care. If you believe you may have grounds for a medical negligence case, do not wait to get in touch with our team. You only have two years to file your claim (in most cases), so it is important that you do not wait to speak to an attorney at our firm about your legal rights and options.