I’m Chris Brasure, and today, I want to talk to you about two things that you must know about medical negligence, for one of your loved ones or for yourself.
What you must know
First, medical malpractice or medical negligence cases in Texas are very unique and sometimes very challenging. The second thing is that to prove or to win a medical negligence case, probably the most important thing for any attorney or any family member to know is what was the standard of care.
In 2003, the laws started changing for medical negligence cases and they really have continued to change and make it more difficult for victims of medical negligence to recover compensation in court. I’ll just give you one example: in a case like a traffic accident where somebody runs a red light, if a person who was hit by somebody who ran a red light files a lawsuit, there’s no expert report required when you file the lawsuit.
Getting compensation is more difficult in Texas
But in Texas, if a doctor commits negligence or messes up and the affected person wants to file a lawsuit, then that person actually has to attach a very specific report from a doctor. And there are a lot of requirements that go into that. And that’s just one of the many examples.
What was the standard of care?
But let’s talk about the second thing. What is important to know about medical negligence cases and what is perhaps the most important thing to know is, “What was the standard of care?” And that’s the question that the law asks of any family member or victim of medical negligence.
For example, the standard of care may be different in an emergency room than it is in a family practitioner’s office. And there are a lot of things that go into it. But the critical question is going to be, “What was the standard of care?”
Doctors must testify against another doctor
And in order to answer that question, the law actually requires other doctors to testify, if the case goes to court, against another doctor to prove that standard of care. And so those cases can be challenging. And they can be very difficult sometimes.
If you have questions
If you have any questions about that, feel free to ask them in the group or shoot me a private message or an email. I’ll be happy to respond. And if I can’t help you, I’ll point you in the right direction.
