How Medical Malpractice Attorney Can Help Sue A Hospital or Doctor
When you are in the hospital, you expect to be treated fairly and with the best care possible. However, sometimes hospitals or doctors make mistakes that can lead to serious injury or death. If this happens to you, it is important to seek legal help from a medical malpractice attorney. These attorneys can help sue the hospital or doctor for denying you treatment. By doing so, you may be able to receive the compensation you deserve for your injuries.
Did your hospital or doctor refuse to treat you? If so, you may be wondering what your next step should be. Contact a law firm today to learn more about how they can help.
The Standard of Care and Your Rights as a Patient
Have you ever wondered what your rights are as a patient? When you go to the doctor, you have a right to expect that they will treat you with a certain level of care. This is called the standard of care. The standard of care is the level of care that a reasonable person in the medical field would provide under similar circumstances. If your doctor fails to meet this standard, it is considered medical malpractice, and you may be able to file a Houston medical lawsuit.
What is Breach of the Standard of Care?
If your doctor fails to provide the standard of care, they have breached their duty to you as a patient. There are many ways that a doctor can breach the standard of care. For example, if your doctor prescribes the wrong medication or dosage, fails to order necessary tests, misdiagnoses or delays diagnosis, or treats you without your consent, they may be held liable for medical malpractice.
To prove that your doctor breached the standard of care, you will need to show that another doctor in the same field would not have made the same mistake under similar circumstances. You will also need to show that you were harmed by the breach. For example, if you were misdiagnosed with cancer and underwent treatment unnecessarily, you may be able to sue for damages. If you were not harmed by the breach, you will not be able to sue for medical malpractice.
How Does a Breach of Care Affect a Medical Malpractice Case?
A medical malpractice case can be brought against a healthcare provider for negligence in diagnosis, treatment, aftercare, or health management. In order for a plaintiff to succeed in such a case, they must prove that the breach of duty of care by the healthcare provider led to injury, and that the injury resulted in damages.
One way in which a plaintiff might attempt to prove that a healthcare provider was negligent is by demonstrating that the provider breached patient confidentiality. If it can be shown that the provider revealed private information about the patient without their consent, this may be enough to show that the provider acted negligently. We know it can difficult for you to do it alone, that’s why we are here- medical malpractice lawyer Houston– to help medical victims win their case.
There are three elements that must be present in order for there to be a viable claim for breach of care:
- The healthcare professional owed you a duty of care.
- The healthcare professional breached the applicable standard of care.
- The breach of care caused you to suffer injuries.
If all three elements are present, you may have a claim for damages against the responsible party. However, as we mentioned above, proving breach of care can be difficult. It requires expert testimony to establish what the applicable standard of care was and whether it was breached by the healthcare professional in question.
If you are planning on bringing a medical malpractice case against a healthcare provider based on negligence or denying a medical treatment, you can visit malpractice lawyers in Houston to know your legal options.
EMTALA: What is It and Does it Affect Houston Doctors and Hospitals?
EMTALA is the Emergency Medical Treatment and Labor Act. It’s a federal law that requires hospitals to provide emergency medical care to anyone who comes to the hospital, regardless of their ability to pay. Sounds great, right? But there’s a catch. EMTALA also prohibits hospitals from “dumping” patients who can’t pay. So what does that mean for Houston doctors and hospitals? Let’s take a closer look.
EMTALA is a federal law that was passed in 1986. It also prohibits hospitals from “dumping” patients who can’t pay.
So what exactly does “dumping” mean? Dumping occurs when a hospital transfers a patient to another facility without the proper medical screening or stabilizing treatment. In other words, the hospital is trying to get rid of the patient without providing proper care. Dumping is illegal under EMTALA.
Can Houston Doctors and Hospitals Refuse to Treat Patients Under EMTALA?
No, they cannot. If a patient comes to the hospital with an emergency medical condition, the hospital must provide stabilizing treatment until the patient can be transferred to another facility or discharged.
What Happens if a Doctor or Hospital Violates EMTALA?
If a doctor or hospital violates EMTALA, they can be fined up to $50,000 per violation. The government can also revoke the hospital’s Medicare/Medicaid funding.
Are you a victim of medical negligence? Had a doctor or a hospital denied you for a medical treatment? You have the right to get medical malpractice lawyers Houston to file a case against them.
Under What Scenario A Hospital Can Refuse to Treat a Patient?
Let’s take a closer look at some of the circumstances under which a hospital might refuse to treat a patient.
- If a hospital does not have the necessary resources to treat a particular patient’s condition, they may also be able to transfer them to another facility. For example, if a patient arrives at the emergency room with a serious heart condition and the hospital does not have a cardiologist on staff, they may transfer the patient to another hospital where they can receive the treatment they need.
- Doctors can deny treating for a patient if they don’t take your medical insurance.
- They can refuse to give medical treatment if you or your spouse is a medical lawyer Houston.
- If your hospital does not treat with the patient’s illness or injury.
- A hospital can deny in case the existing patient has not paid due bills.
But if an existing patient requires an emergency medical treatment, the doctor has to provide treatment until he/she founds a new doctor. In case, your health deteriorates because the doctor denies treating you, you grounds for a medical lawsuit. Call Houston medical negligence attorney today!
Houston Medical Malpractice Lawyers Will Help You for Denying Medical Treatment
Being denied medical treatment can be a frustrating and even scary experience. If you feel like you’ve been wrongfully denied treatment, you may not know where to turn or what to do next. That’s where medical lawyers can help. A medical attorney is a lawyer who specializes in cases involving medical care and treatment. They can help you navigate the complex legal system and fight for the treatment you need and deserve.
What Can a Medical Attorney Do for Me?
A medical attorney can help you in a number of ways if you’ve been wrongfully denied treatment.
- First, they can review your case to determine if you have a legal claim. If they determine that you do have a claim, they can help you gather evidence and build a strong case.
- They will conduct an investigation to find if a doctor or a hospital had really denied your case and how this affected your health.
- Handle paperwork and deal other party (insurance company) on your behalf.
- Negotiating the hospitals to get maximum settlement amount.
- Additionally, a medical attorney can represent you in court and fight for the treatment you need.
The healthcare system is complex, and the law governing medical care is even more complicated. Without an experienced advocate on your side, it can be difficult to get the treatment you need. An experienced malpractice lawyer in Houston will know how to navigate the legal system and fight for your rights.
If you’ve been wrongfully denied medical treatment, you don’t have to go through it alone. Don’t hesitate to reach out for free claim review today.