Medical malpractice is based on evidence of a negligent act and/or omission by a doctor, hospital, nurse or other health care provider which proximately caused or contributed to the injuries or damages to the injured person. In order to make a claim for medical malpractice, there must be a departure from an accepted custom or practice which caused the injury. In these cases medical experts must be hired to help prove the negligent act or omission and testify as to what the standard of care is and whether such acts caused the person’s injuries. Other experts ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.), and other experts are needed to prove the injuries and damages suffered by the injured party.
Anesthesiologist not Qualified to Testify as Expert in this Med Mal Action Against Pulmonologist
Chester v. El-Ashram, — S.W.3d —-, 2007 WL 1893640 (Tex.App. -Dallas Jul 03, 2007)
Board-certified anesthesiologist was not qualified to testify as expert on the standard of care and causation in medical malpractice action brought against pulmonologist because: (1) anesthesiologist did not know details about the antibiotics pulmonologist gave to patient as antibiotics were out of his area of expertise; and (2) anesthesiologist did not explain how evaluating patients for surgical procedures qualified him to testify about non-surgical patient care.
Baby Injured During Delivery
Banks v. Columbia Hosp. at Medical City Dallas Subsidiary, L.P., 2007 WL 2004852 (Tex.App. -Dallas Jul 12, 2007)
Evidence warranted administration of unavoidable accident instruction in medical malpractice action arising from injuries sustained by baby during its delivery, where the jury was presented with evidence, albeit conflicting, that the delay in delivery was caused by a series of obstetrical emergencies as opposed to the nurse’s actions.
If you have a question regarding whether or not medical negligence may have contributed or caused your injury, then contact our law firm and talk to a medical malpractice attorney right now and learn what legal options are available to you and your family.