Did you suffer an injury or illness after receiving medical care due to a healthcare provider’s mistake? You may want to seek legal advice from one of our well-versed personal injury attorneys. Medical malpractice cases are intricate and involve a great deal of fact-finding. These cases settle more often than they go to trial. A seasoned Kingwood medical malpractice lawyer at our firm can advocate for your total recovery during negotiations.
Medical Negligence Basics
Doctors and other healthcare professionals are not perfect. Mistakes can happen under the care of even the most experienced physicians. Sometimes healthcare providers deviate from the standard of care, and dire consequences result. This deviation may constitute legally negligent behavior, or medical malpractice, under Texas Civil Practice & Remedy §74.101, and the victim may be owed compensation for the harm they suffered.
State law broadly defines healthcare workers to include professions other than just doctors. For example, nurses, chiropractors, pharmacists, and healthcare institutions such as hospitals can be found medically negligent for a patient’s undue harm.
Injured or sick patients must establish five essential elements to prove medical malpractice in a local court:
- The healthcare professional in question owed them a duty of care
- They subsequently breached that duty
- Their breach caused the harm in question
- The damage was a reasonable and foreseeable result of the breach
- The patient suffered a medically identifiable injury or illness
Fortunately, one of our skilled lawyers can gather the appropriate evidence before going to trial to prove that the medical professional who harmed you is undoubtedly liable for your damages.
Resolving a Medical Malpractice Case
Few medical malpractice cases in Kingwood go to trial because parties on both sides want to avoid the long, drawn-out process associated with civil litigation and the uncertainty of the results.
A negotiated settlement can satisfy your needs to the same extent as a favorable trial verdict. After a physician’s medical mistake, injured patients must be cautious and be wary of accepting inadequate settlement amounts that only benefit the defendant’s insurance carriers. We can help mitigate any unfavorable settlement offers and hold the negligent healthcare provider accountable.
Using Expert Testimony to Achieve a Successful Settlement
Whether a case ends up settling or going to trial, a successful outcome requires preparation. Researching and uncovering the events that lead to a medical mistake takes time. Civil claims involving medical negligence rely on the facts as well as expert testimony. Hiring investigators and medical experts who practice in the same field as the defendant may be necessary to establish that the healthcare provider’s mistake rises to the level of negligence.
Expert testimony helps strengthen an injured party’s medical malpractice case. State law imposes strict requirements for utilizing expert testimony and high standards for an individual to qualify as an expert witness. You can rely on our experienced attorneys to obtain the appropriate medical experts for your case.
Team up with a Skilled Kingwood Medical Malpractice Attorney
Whether you are preparing for trial or the negotiating table, you want a seasoned litigator working on your case. Our Kingwood medical malpractice lawyers negotiate settlements for injured or sick patients regularly and present their claims in court when necessary. Either way, our focus is on achieving the best possible result for you. Call us today to see how we can help you.