Medical malpractice defense can start by looking at claim

On Behalf of | Sep 17, 2019 | Health Care Law |

Texas doctors and other medical professionals have a lot to handle on the job. They literally have patients’ lives in their hands, and they know that a mistake could have devastating results. Unfortunately, mistakes can happen, and even when they don’t, patients could file medical malpractice claims if they feel they did not receive the proper standard of care.

Of course, medical professionals accused of malpractice have the right to defend against such claims. Often, a defense can start with determining whether a patient actually has a valid reason to file a claim. For instance, the patient filing the claim must have had a doctor-patient relationship with the person sued. If the alleged error or other mishap did not happen in the course of the patient’s treatment, it is likely not a valid claim.

Additionally, the patient has to provide evidence that the doctor was negligent or otherwise breached the standard of reasonable care. If the accused medical professional acted in a manner that any other reasonable medical professional would have, it is possible that no negligence occurred. Even if negligence did take place but no injuries or other damages resulted, there may be no cause for a claim.

Certainly, no one wants to face a claim of medical malpractice, but these accusations are not uncommon. In fact, many doctors will face multiple claims throughout the courses of their careers. When it does happen, Texas medical professionals will undoubtedly want to understand their rights for defending against the allegations. Consulting with their legal counsel at the first sign of a malpractice accusation is wise.