Determining the Accepted Standard of Care

 

The Accepted Standard of Care for Doctors

In Texas, jurors are given the following definition of negligence:

“Negligence,” when used with respect to the conduct of
Dr. Davis, means failure to use ordinary care, that, failing to do that which
a physician of ordinary prudence would have done under the same or similar circumstances
of doing that which a physician of ordinary prudence would not have done under the same of similar circumstances.
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Medical Malpractice Facts and Fiction

The Institute of Medicine estimates that, on average, 98,000 people die
because of medical errors, while extensive amounts of people are injured because of it. Under U.S. laws, those injured or killed because of inaction or negligence can file for compensation. However, recent studies show that while the number of medical malpractice suits are going down, medical errors are actually increasing. One reason many fail to file a claim against a doctor or hospital is that they are misinformed. At Hampton & King, we want you to be
informed of the facts and fiction surrounding such a debated topic.
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What are the Most Commonly Misdiagnosed Conditions?

Stethoscope on pan with chart and brain scans in the background.

When we visit the doctor’s office, we expect them to know what our
conditions represent. If we experience a lump in our body parts, have
a rash on our skin, or feel a strange soreness in our joints, the doctors
are responsible for taking the time to understand the symptoms and properly
diagnose them. Unfortunately, physicians and medical practitioners often
incorrectly identify illnesses, leading to further injury. Reports suggest
an average of 12 million Americans are misdiagnosed a year. Some of the
most commonly misdiagnosed conditions can prove life threatening.
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Why Heart Attacks Are So Commonly Misdiagnosed in Women

Stethoscope in the shape of a heart, laying on blue scrubs.

According to the Centers for Disease Control and Prevention’s National
Center for Health Statistics, an average of 50,000 women die of heart
attacks a year in the United States. Heart disease is the leading cause
of death in women, as well. Given these two facts, one would believe more
doctors would be careful with diagnosing women with heart attack symptoms.
Unfortunately, that is not the case.
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How to Differentiate Between Adverse Events and Malpractice

Emergency sign showing directions to the main entrance of hospital.

Undergoing any major medical procedure can be intimidating. There are inherent risks with some surgeries or treatments that doctors cannot eliminate. They will still recommend the procedures if they believe it is the only solution. Similarly, taking pharmaceutical drugs can also have side effects that are not pleasant. Many individuals believe that because they endured pain and suffering after a surgery or after ingesting medicine, they have grounds for suing. However, it is not that simple.
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