Dallas Law Firm Blog

Four Elements of a Texas Malpractice Claim

Four Elements of a Texas Malpractice ClaimWhen you go to be cured of your ailments by a professional, you put your safety and well being in the hand of someone you trust. If you have been injured due to a medical professional, you are probably feeling betrayed, angry and confused. These feelings can leave you frustrated, not knowing what to do next.

Fortunately, there are actions you can take that can help you recover the losses caused by the negligence of a health professional. Through a Dallas malpractice claim, these losses can be recouped. In a successful claim, there are generally four elements of a Texas malpractice claim. They are:

  • A duty was owed – Once a patient is under the care of a health care provider or hospital, a legal duty is created.
  • A duty was breached – While under the care of the healthcare professional, that professional must perform at an acceptable level of care.
  • The breach caused injury – The injury sustained by the patient must be directly caused by the breach of duty.
  • Damage sustained – There must be a loss that was sustained by the patient that was caused by the injury. The damage can be monetary or emotional.

If you have become a victim of medical malpractice, it is important that you seek the assistance of an experienced Texas medical malpractice lawyer at Guajardo & Marks. They will aggressively fight to get you the compensation you deserve. Let us take the burden of the claim so you can heal.