What is medical malpractice?

Medical malpractice is a type of negligence in which a healthcare provider fails to provide a patient with the standard of care that is expected from a professional in the field. This means that the healthcare provider did not follow generally accepted standards of care or acted in a way that caused harm to the patient. In Texas, medical malpractice is governed by a statute known as the Texas Medical Liability Act (TMLA). Under this act, a medical malpractice claim must include proof that the healthcare provider’s negligence resulted in physical or emotional injury to the patient. It is important to note that the patient must also show that any harm done was directly related to the medical malpractice. For example, if a doctor prescribed medication that caused an allergic reaction, the patient would need to show that the doctor should have been aware of the potential allergy before prescribing the medication. In most cases, medical malpractice claims require expert testimony in order to prove that the healthcare provider did not meet the standard of care.

Related FAQs

What is a settlement conference?
What is an affidavit of merit?
Can I recover punitive damages in a personal injury claim?
What is an alternative dispute resolution?
What are the differences between a trial and an arbitration?
When should I seek medical attention after an accident?
What is a settlement agreement?
What are economic damages?
What evidence should I gather to prove my accident claim?
What should I do if I am offered a settlement?

What is medical malpractice?

Related FAQs

Related Blog Posts