Dallas Misdiagnosis Lawyer

serving communities in and near Dallas and Ellis Counties

Medical Malpractice and the Law

What is medical malpractice?

Under Texas law, medical malpractice is negligent conduct by a doctor, nurse, hospital or other health care provider. Medical malpractice cases can be filed against negligent chiropractors, physical therapists and pharmacists as well as against negligent doctors. The jury in a Texas medical malpractice case is actually never asked if a doctor committed "medical malpractice". Instead, they are asked if the doctor "failed to do that which a doctor of ordinary prudence would have done under the same or similar circumstances". Most states have similar definitions of malpractice.

Can I sue a doctor or hospital for medical malpractice just because a treatment or surgery didn't cure my problem?

No.  Doctors and other health care providers have a duty to act prudently and pay attention to what they are doing, but they aren't expected to be perfect or to perform miracles.   Just because there was a bad result from medical treatment does not mean that the doctor is guilty of medical malpractice.   For a medical malpractice case to be successful, a patient must prove that the bad result was due to the doctor's negligence.  If the doctor was not negligent, then there is no medical malpractice case no matter how bad the result of the treatment. 

How do I know whether my doctor committed medical malpractice?

Sometimes medical malpractice is obvious-like when a doctor leaves a scapel in a patient's body after surgery.  Unfortunately, it is usually impossible for a patient to know if his injuries were the result of medical malpractice or not.  The complexity of medical treatments and the unwillingness of medical professionals to tell patients about malpractice committed by either themselves or other negligent doctors is well known.  Your doctor won't tell you that he committed medical malpractice, and unless your records are thoroughly reviewed by lawyers with the experience and training to identify medical malpractice, you will likely never know whether you or a loved one was hurt by malpractice.  That is why an estimated 95% of all medical malpractice cases never result in claims:  doctors conceal malpractice and patients fail to question whether what happened to them was the result of malpractice.

So I have a case if the doctor made an inexcusable mistake?

Maybe.  Proving that a doctor committed medical malpractice is half of what a patient needs to prove.  The other half of a medical malpractice case is proving that the doctor's mistake is what caused the patient's injuries.  A doctor can be negligent but that malpractice does not cause a patient's injuries.  To give an example everyone is familiar with, suppose you are driving your car and run a red light.  Is that negligent?  It absolutely is, and everyone would agree that running a red light is negligent.  However, if no accident results because there was nobody else in the intersection, there is no viable negligence case against the driver.

Likewise, doctors often make inexcusable mistakes which do not change the result in a case.  An example of medical malpractice we see quite often is when a doctor fails to diagnose cancer in a patient whose cancer has already progressed to the point that it will surely kill him.    Failing to diagnose the cancer was malpractice, but if the patient was going to die from the cancer regardless,  the patient does not have a medical malpractice claim against the doctor. 

How do I know whether my doctor's medical malpractice made a difference to the outcome of my case?  

The only way to know is to have your case reviewed by medical experts who will tell the truth about what happened.  Your doctors, fearing that you will sue them, won't tell you.   At Polewski & Associates, our attorney have decades of experience and contacts with top flight medical experts to uncover the truth.  If there was medical malpractice which caused your injuries, we will be able to tell you. 

How does a jury determine if a doctor's actions were negligent?

A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician's actions followed standard medical practices or fell below the accepted standard of care.

Please select from our links for information about our services or click on the map for directions to our offices:

• About Us
• Business Law
• Injury Law
• Insurance Law
• Medical Malpractice Law
• Personal Injury News
• Our Personal Injury Blog

If you or a loved one have been seriously injured in a accident, contact Polewski & Associates today.

Call 972-228-1716 or
Toll Free 866-228-1716