El Paso Medical Malpractice Attorney
Helping Victims of Medical Malpractice and Negligence
Medical malpractice occurs when a healthcare professional fails to provide a standard level of care to a patient. This failure may stem from wrongdoing, such as alcohol or drug abuse, or it may occur as a result of carelessness or even fatigue. The key will be to determine what the accepted medical standard of care should have been and how the healthcare professional’s behavior was a deviation from this. Such cases can be extremely complex and difficult to prove, making it essential to involve a skilled El Paso medical malpractice attorney.
At Rafael C. Morales, Attorney at Law, we are here to offer the experienced legal representation you need. We take on medical malpractice cases in the El Paso area involving:
- Failures to diagnose
- Delayed diagnoses
- Medication errors
- Surgical malpractice
- Anesthesia mistakes
- Birth injuries
- Prescription and pharmacy errors
- Emergency room errors
- Failures to get informed consent
How Long Do I Have to File a Medical Malpractice Claim?
Since medical malpractice injuries are not always discovered right away, the statute of limitations to file a medical malpractice claim works differently than other personal injury claims. According to Texas Code Section 74.251, you have two years from the date you were injured or in some cases, the date you discovered your injury to file a claim. It's important that you consult an attorney as soon as possible to discuss your case. Our attorneys can advise you of the next right step and can help you file your claim. With the help of an attorney you can feel confident that your claim will be handled properly and that no important deadlines will be missed.
Key Elements of a Medical Malpractice Claim
There are several key elements of a medical malpractice claim that must be proven in order for a victim to recover maximum compensation:
- A doctor-patient relationship existed;
- The healthcare professional, through an act or omission, deviated from the standard level of care;
- The patient suffered quantifiable harm; and
- This deviation from care was the proximate (probable, most likely) cause of harm to the patient.
It is important to note that the burden of proof in civil court is less than the “beyond a reasonable doubt” proof that is required in criminal court. Liability must be proven based on a preponderance (majority) of the evidence, which means it is more than likely true that the act occurred. Additionally, in Texas district court juries, which consist of 12 members, a 10 to 2 verdict is sufficient, as opposed to the unanimous verdict required in criminal court.
El Paso medical malpractice attorney Rafael Morales can use these factors in your favor, creating a clear and compelling presentation of your case that supports your claim to compensation. The goal is always to maximize your recovery so you can face a brighter future.