What is obstetrical malpractice and how do I prove it?
Obstetrical malpractice is a form of medical malpractice related to childbirth. It occurs when an obstetrician—a doctor who specializes in the care of pregnant women—fails to provide medical care that meets the accepted standard of care in the medical profession. To prove malpractice, you must show that the obstetrician did not meet the accepted standard of care and that their breach of care caused you harm. In Texas, the standard of care for obstetrical malpractice is determined by the degree of care, skill and diligence that a reasonably prudent physician of the same specialty would use in the same or similar circumstances. To prove malpractice, you must provide evidence of negligence. Generally, to prove negligence you must show that the healthcare provider had a duty to provide care, that they did not meet their duty, and you suffered harm because of their failure to meet their duty. Additionally, you must also show a causal relationship between the malpractice and the harm you suffered. Medical records and expert testimony may be necessary to prove your claim. Consulting a medical malpractice lawyer in Texas can help you build your case. A lawyer can review medical records, hire medical experts to review the records, and explain how the evidence you provide meets the requirements of a medical malpractice claim. A lawyer can also help you understand Texas laws related to obstetrical malpractice and what type of compensation you may be entitled to if your claim is successful.
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