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What Are the Most Common Medical Malpractice Claims?

Sometimes a doctor or hospital makes mistakes that lead to future medical issues. Even though some of these may appear unbelievable, they occur more often than expected. Mistakes during surgery and misdiagnosis are at the heart of most medical malpractice claims.

An expert medical malpractice lawyer in Texas can advise you on your legal options if you are a victim of medical wrongdoing. Are you wondering what counts as a medical malpractice claim in Texas? Understand your rights and clauses for filing a lawsuit with The Buzbee Law Firm

Common Medical Malpractice Claims in Texas

To make a strong case for your medical malpractice claim in Texas, prove the doctor’s treatment was wrong or inadequate. In many cases, additional physicians and specialists testify about what the doctor should have done differently.

A doctor or other healthcare professional or institution must maintain a standard level of care to keep patients safe. Here are the six common types of medical malpractice:


An incorrect diagnosis or absence of one is known as misdiagnosis. It might result in you taking dangerous drugs or failing to treat an illness or injury. Misdiagnosis might worsen your health, leaving you with medical bills and other damages. A medical malpractice lawyer in Texas can help determine if your medical condition was caused by or worsened by an incorrect diagnosis.

Surgical Errors

Considering the number of individuals involved in surgery, it’s no wonder that surgical mistakes lead to medical malpractice lawsuits. Surgery may go wrong for various reasons, such as inadequate anesthetic, which can cause the patient to awaken in the middle of the procedure, unsterilized tools, or even operating on the incorrect body part.

Objects Left in the Body at the Time of Surgery

Medical workers often count the number of tools used after the surgery to ensure no tool is missing. However, you’d be surprised at the number of surgical instruments left within patients’ bodies each year. Scalpels, needles, sponges, and surgical gloves are a few examples. This can cause serious, debilitating injuries and even death.

Infections Contracted at the Hospital

Patients who get an infection while undergoing treatment make a prominent cause of medical malpractice claims in Texas. These “hospital-acquired infections” (HAIs) may seriously hamper your recovery. New infections may result from surgical errors or other irresponsible acts.

A hospital with a high rate of hospital-acquired infections may be a sign of poor care. Contact a Texas medical malpractice lawyer if you believe you contracted a virus due to medical malpractice.

Wrong Medicines

Examples of wrong medications leading to medical malpractice claims can include prescribing incorrect or providing medications that include allergens. These are associated with an increased risk of blood clots or high blood pressure in patients with pre-existing medical conditions.

There are also cases when a prescription is accurate. However, the patient is given too much medicine, or the doctor fails to mention possible side effects or interactions with other prescriptions.

Childbirth Complications

Doctors’ carelessness might put both mother and baby in danger. In certain cases, doctors fail to identify a medical condition, resulting in birth damage properly. Children and families affected by birth injuries need legal counsel to safeguard their interests. In cases where a child may require a lifetime of care, it’s important to make sure you get adequate compensation.

Requirements for a Medical Malpractice Claim

Suppose a doctor or other medical practitioner fails to care for a patient properly. In that case, they may be liable for medical malpractice. Medical malpractice laws differ by state, with some requiring advance notice to doctors. However, several overlapping requirements and broad categories of laws apply to the vast majority of medical negligence cases:

A Doctor-Patient Relationship Existed

You’ll need evidence of a genuine doctor-patient connection to file a lawsuit against your doctor. You can’t sue your doctor if you received medical advice at a social gathering. After medical treatment, it is easy to prove a doctor-patient relationship. When a consultant physician isn’t involved in your treatment, their legitimacy may be called into doubt.

The Doctor Was Negligent

It is not medical misconduct just because you are unhappy with the doctor’s care or the outcome of your treatment. It accounts for a medical malpractice claim when the doctor’s action or medical decision while treating you causes you harm and was outside of the standards of treatment.

If you want to sue your doctor for malpractice, you have to prove that they hurt you in a way that another doctor in the same situation wouldn’t have. A medical malpractice lawsuit in Texas often depends on whether or not the treating doctor showed reasonable competence and care. Most states require you to provide testimony from a medical expert who can explain the applicable medical standard of care and show how the doctor broke that standard.

The Doctor’s Negligence Caused the Injury

Sometimes it’s hard to tell if the doctor’s careless actions caused the patient’s illness or injury since many malpractice claims involve patients who were already sick or hurt. For example, suppose a lung cancer patient dies after treatment, and the doctor is careless. In that case, it might be hard to prove that the doctor’s actions were the real reason the patient died.

Too often, the damage done to the patient is directly caused by the doctor’s carelessness. Usually, the patient will have a medical expert testify that the doctor’s carelessness caused the harm.

The Injury Led to Specific Damages

The patient can’t sue the doctor for malpractice if they didn’t get hurt, even though it’s clear that the doctor didn’t do a good job by professional standards. The types of harm that make a case for medical malpractice lawsuit in Texas are:

  • Physical pain
  • Mental distress
  • Expensive medical bills
  • Loss of earning capacity
  • Loss of wage

Discuss with a Medical Malpractice Lawyer in Texas

The laws that apply to medical malpractice cases are complicated and can differ from one state to the next. You will often need a lawyer or someone to represent you in court.

But how do you find the right lawyer for your case? The Buzbee Law Firm can handle this task for you. Our medical malpractice lawyer in Texas will assist you with the specifics of your case.