What Qualifies as Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, psychologist or other health care professional fails to perform his or her duties according to acceptable medical practices or standards of care, and the patient is harmed as a result. Medical malpractice cases may be brought against physicians, hospitals, clinics, nurses or anyone with whom there is a medical provider-patient relationship.
A Harvard Medical Practice Study estimated that, each year, more than 180,000 people lose their lives due to medical mistakes. Public Citizen, a nonprofit organization that advocates for the rights of consumers, estimates that, each year, 1.3 million injuries are caused by negligence, and that more than two-thirds of these injuries are preventable.
Despite those statistics, medical malpractice actions are extremely complicated to pursue.
The health care industry and the insurance companies that handle the claims on behalf of the physicians and other medical professionals have been very aggressive (and successful) in lobbying for laws that make it tough for injured individuals to seek compensation for the harm they have suffered. Insurance companies are very aggressive in defending claims against the physicians, hospitals and health care providers that they insure.
In pursuing a medical negligence or health care liability claim, the claimant who is asserting the claim must establish the following.
- The standard of care (what a reasonably prudent health care provider would or would not have done under the circumstances);
That the health care provider was negligent (did not act in conformity with the applicable standard of care);
- That such negligence was a proximate cause of injuries or death; and
- The extent of the resulting damages.
TX Medical Malpractice Lawyer
If you suffered injury, or lost a loved one because of a health care provider's negligence, talk to an attorney at Tinsman & Sciano, Inc., in San Antonio. We have a record of four decades of protecting the rights of people who have been injured or damaged due to negligence or misconduct of others.
We offer a free consultation to discuss the circumstances of your injuries or your loss of a loved one resulting from medical malpractice. We represent clients in medical negligence cases on a contingency fee basis. That means you pay us an attorney's fee only in the event that we make a financial recovery for you.
Wherever you are in Texas, call us toll free at 877-220-0867 to arrange a free consultation about your medical malpractice claim.
- Birth injuries
- Hospital negligence
- Physician negligence
- Surgical errors
- Failure to diagnose cancer
- Delay in diagnosis
- Pharmacy negligence
- Medication errors
- Defective drug litigation
- Infections and other hospital diseases
- Defective and dangerous drugs
- Nursing negligence
Medical Malpractice Attorney
From offices in San Antonio, we advise and represent clients throughout Texas. Call us toll free at 877-220-0867 or contact us by e-mail to arrange a free consultation with an experienced San Antonio medical malpractice lawyer today.
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Daniel J.T. Sciano and Richard Tinsman are board certified in each of the following categories:
Board Certified, Texas Board of Legal Specialization — Personal Injury
Board Certified, Texas Board of Legal Specialization — Civil Trial Law