What is a Medical Malpractice Attorney?

by | Apr 18, 2024 | Lawyers

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A medical malpractice attorney in Texas, often referred to as a medical negligence attorney, is an attorney who represents clients who have suffered injuries that were caused by or were the direct result of acts of omission by a medical professional or a medical facility. In cases of medical malpractice, the injured party, also known as the plaintiff, is often called upon to prove the negligence of the defendant and that the injury was caused as a result of this negligent act. In many cases, the complexity of these cases will require that expert witnesses be called to testify to help prove one way or another that an expected standard of care was not given. Upon completion of the testimony offered by both parties, a jury is called upon to determine if the defendant failed in his or her responsibilities to provide an acceptable standard of care and attention.

A medical malpractice attorney in Texas, is called upon to offer proof that there was indeed negligence that resulted in injury. The first thing that must be proven is that there was an implicit relationship that indicated a duty of care was called for. This is implied when there is a doctor-patient relationship that can be substantiated. The attorney must offer proof that the defendant failed to act in conformance with accepted medical practice standards, then prove that the harm to his client was a direct result of this lack of conformity to standards, and lastly, prove that there were damages such as loss of income or even wrongful death.

Medical malpractice is a very complex and highly technical branch of legal practice. Due to these complexities, it is normal for a medical malpractice attorney to focus his skills on supporting either the defendant or the plaintiff in these types of cases. It can be so complex that the attorney may even narrow his scope of support to a certain series of events, such as cases of negligence in the prescribing of medicines; other attorneys may focus on defending a medical care facility rather than an individual.

The medical malpractice attorney works very closely with experts in the field, and once the attorney files for a certificate of merit, it allows an expert witness to review all the documentation to confirm that the medical professional did indeed act in a manner that can be considered negligence.

If you have suffered injury as a result of negligence on the part of a medical professional, you will need to engage the services of Van Wey, Metzler & Williams.

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