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Frequently Asked Questions (FAQs) – Hospital & Physician Negligence

Have a Question about Hospital, Physician Negligence and Medical Malpractice? It May Be Answered Here

In this series of frequently asked questions (FAQs), Texas attorney Charles Dunn answers your questions about hospital, physician negligence and medical malpractice lawsuits.

QuestionWhat is medical malpractice?

AnswerMedical malpractice occurs when a health care provider such as a doctor, nurse, dentist, chiropractor or physicians assistant provides care or fails to provide care that does meet a reasonable standard. The reasonable standard of care is the ordinary care that a prudent physician ( or chiropractor or nurse, etc) would provide in the same of similar circumstances.

QuestionWhat are some examples of medical malpractice?

AnswerSome obvious examples of medical malpractice are such things as giving the wrong drug or giving too much or too little of the right drug, operating on the wrong body part, failure to deliver a child in a timely and safe manner, performing surgery in an unsafe manner and failure to diagnois disease or illness. Many times medical malpractice occurs without the patient or family member realizing that it has occurred. If you suspect malpractice call my offices today for a free consultation.

QuestionIs misdiagnosis medical malpractice

AnswerOne of the most common forms of medical malpractice is misdiagnosis. Misdiagnosis occurs when a physician diagnoses the wrong injury or disease. It can also occur when a physician fails to diagnosis an illness or disease. If you have a question about medical malpractice call my office for a free consultation.

QuestionIs a bad result medical malpractice?

AnswerBecause doctors do not guarantee results, a bad result is not necessarily medical malpractice. For example, if you have knee replacement surgery and you still have pain following the surgery, that pain does not necessarily mean that the surgeon committed malpractice. If the knee replacement was done within the standard of care and you still have pain, that is a bad result and not malpractice. However, if the surgeon did not install the knee joint correctly which results in pain, then that is medical malpractice.

Question

If I signed a consent form, have I waived my rights to sue for malpractice?

AnswerAn informed consent form simply gives the doctor permission to treat you. It tells you of the risks of the treatment which can occur even if the care you receive is the best of care that can be provided. For example, if you are put to sleep for surgery, there is a risk, however slight, that you could die as a result of the treatment through no fault of your doctor. However, if you are put to sleep and your doctor uses to much of the drug that puts you to sleep and you die, that is malpractice. The fact you signed a consent form does not waive your right to sue. Consent to treatment does not waive your right to sue for malpractice if the care you received was below a reasonable and prudent standard.

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