When a medical practitioner commits an improper or negligent professional act or treatment he or she may have committed medical malpractice. Should this be the case, the victim or a member of the victims family can engage the professional services of a malpractice attorney in Houston and sue for damages. Medical malpractice is difficult to prove, a seasoned attorney can help the victim satisfy the required burden of proof.
What burden of proof must be met?
* There must be proof that there was a duty of care and this duty was violated
* There must be an injury, the injury must be compensable and the injury resulted by sub standard care
The fact that there was a duty of care and the fact that there was a compensable injury are rarely contested, it goes without saying that the doctor agrees to caring for the patient the moment he or she agrees to treat the individual. It is also very difficult for the defense team to contest the physical effect of substandard care, the injury is easy to identify and easy to prove and all expenses associated with treatment can simply be totaled up.
What does the attorney focus on?
The medical malpractice attorney in Houston focuses on the violation of the duty of care and the resulting injury. The standard of care is based on what you could expect from a prudent medical practitioner under basically the same or very similar circumstances. The plaintiff and his or her attorney must prove that the acceptable standard of care was breached.
In the majority of medical malpractice cases the defendant will argue that the injuries were not directly the result of negligence or sub-standard care.
When your malpractice attorney in Houston is successful in proving that the defendant was at fault you will be awarded a judgment that compensates you for lost wages, medical bills and undo pain and suffering. In many instances the case is settled out of court.
If you feel you have been injured as a result of medical negligence or a violation of the accepted standard of care you can hire a malpractice attorney in Houston and sue for damages. To discuss your situation you are invited to contact Kassab Law Firm. Folow us on our facebook page.