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How to prove doctor errors are medical malpractice

Many people in Texas look at doctors as miracle workers. They expect that they can diagnose and fix any ailment regardless of its severity. While doctors likely wish they were able to cure every patient they see, this will not always be the case. That being said, doctors and other medical care professionals have a responsibility to patients. If doctor errors cause harm, those affected have the option of filing medical malpractice cases.

A medical malpractice lawsuit hinges on whether a doctor provided an acceptable standard of care. If an injured patient decides to pursue such a claim, several criteria must be met. First, a plaintiff must establish that the doctor or medical care professional had a duty to provide care -- that is that the plaintiff and defendant had a doctor-patient relationship.

Next, a plaintiff must prove what an acceptable standard of care provided by most doctors is, as well as how the defendant deviated from that standard. To do this, an expert witness -- a doctor from the same field of medicine -- must testify. Additionally, it must be shown that the patient suffered an injury because of the doctor's deviation.

In many cases in Texas, medical malpractice may be difficult to prove. Medical reports are typically written by those who have an interest in hiding doctor errors. However, an experienced attorney is likely familiar with the variety of different ways to prove medical malpractice. By pursuing litigation, a person may not only seek justice for him or herself but could also protect other patients from similar harm in the future. Consultation service from Maloney Law Firm is free. Contact us today to get started.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases", Accessed on Oct. 28, 2015

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