Medical Malpractice*

Fort Worth Medical Malpractice Attorney

Medical malpractice is an act or oversight by a health care provider which departs from accepted standards of practice in the medical community. These deviations from accepted standards of practice may cause injury to the patient. Simply put, medical malpractice is professional negligence by a healthcare provider that causes an injury.

In the United States specific malpractice laws have been created. In medical malpractice claims the plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or in the case of a wrongful death suit, a surviving spouse, child or parent and/or the executor or administrator of a deceased patient’s estate. The defendant in a medical malpractice claim is the health care provider. The term “health care provider” is not limited to physicians. The term also includes dentists, nurse and therapists. Claims may also be filled against hospitals, clinics, managed care organizations or medical corporations for the mishaps of their employees.

In medical malpractice cases four elements must be established to ensure a successful claim. The plaintiff must establish the following:

1. The duty was owed: A legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached: The provider failed to adhere to the relevant accepted standards of care.
3. The breach caused an injury: The breach of duty was a proximate cause of the injury
4. Damages: Damages must be present to establish a basis for a claim

Plaintiff damages may be compensatory and/or punitive. Compensatory damages can be both economic and non-economic. Economic damages can include monetary losses such as lost wages, medical care expenses and “life care” expenses. Non-economic damages are assessed for actual injuries themselves. Damages of this nature may include physical and psychological harm. Examples may include loss of sensory modalities such as vision or hearing, loss of a limb or organ, severe pain, emotional distress or the reduced ability to enjoy life due to the nature of the injury.

Malpractice claims are helpful in that they can facilitate an awareness of needed improvement in health care systems. The Law Office of Terry K. Fleming is experienced in handling medical malpractice claims and ensures that you will receive adequate assistance in establishing damages that may have resulted due to improper care from a medical provider. Our office will offer you a free consultation and will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. If you feel you or a loved one may have a substantial claim, it is in your best interest not to delay. Your claim may be valid and compensation should be awarded, however your lawsuit must be filed before the statue of limitations expires, which is two years in the state of Texas.

For more information on medical malpractice cases, visit our resource center.

The Law Offices of Terry K. Fleming handles car accident, truck accident, medical malpractice*, knee injury, and social security disability cases in Fort Worth, Granbury, Stephenville, Weathorford, Grapevine, Arlington, Forest Hills, Everman, Crowley, River Oaks, White Settlement, Westworth Village, Westworth Hills, Edgecliff, Haltom City, Sansom Park, Saginaw, Richland Hills, Burleson, Randon and throughout Texas. Contact our Fort Worth car accident attorneys today for a free consultation regarding your case. Our Ft. Worth accident lawyers won't charge a fee unless you recover money in your case.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

* May be referred to independent counsel.