A family grieving the loss of a loved one rarely wants to initiate a lawsuit;
however, in many instances a civil suit is the only way to hold a negligent
doctor, hospital or other entity accountable. Still, taking one’s
case to a Houston medical malpractice attorney may be very difficult.
A family is likely dealing with a variety of intense emotions, coping
with ongoing grief and shock and struggling to overcome new financial
challenges. What can families expect when they talk to an attorney about
medical malpractice and wrongful death?
It’s helpful for families to know that there are four main elements
of a medical malpractice case. The plaintiff in a medical malpractice
suit, including those involving wrongful death allegations, must successfully
demonstrate this quartet of elements in order to prove their case. These
factors include a duty of care owed to the patient, a deviation from a
standard of care committed by the person who owed the duty, a causal link
between the deviation and the harm done to the patient and, of course,
the actual harm done to the patient.
The first element usually centers on the doctor-patient relationship. Proving
the second factor may require consulting other physicians and seeing what
the standard procedures are in a given situation. Typically, the health
care provider’s deviation from the standard of care is the breach
of duty owed to the deceased patient. Finally, it must be shown that not
only was the patient’s death due to the negligence, but that the medical
mistake in question was done by the defendant and not someone else.
Speaking with a Texas wrongful death attorney can illuminate many of the
often-confusing areas of the law associated with medical malpractice.
While medically-related fatal accident cases have reputations for being
extremely complex and difficult to win, in reality it is possible to hold
a negligent provider or facility accountable. Families can begin the process
by scheduling a consultation with an experienced medical malpractice attorney.