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by Jeff Rasansky - December 1, 2013
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

A lot of the information out there about malpractice law isn’t all that helpful. Here are 3 basic facts about medical malpractice claims that may help you to determine if you should pursue legal action.

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1. Doctors Owe You

Most people are very familiar with the concept of owing doctors, but doctors owe their patients a certain duty when they take them on. In fact, if a doctor doesn’t believe that they can help a patient, they’re ethically obligated to refer them to someone who can. This is why they sometimes send you to specialists for a certain problem; the specialist can deliver a higher level of care. A doctor owes you competent care and owes you the assurance that they’ll look out for your health and wellness as best as they can in accordance with their training and education.

2. Healthcare Facilities Owe You

When you go into a healthcare facility, you have the right to assume that it’s clean and safe. If a healthcare facility isn’t keeping up to code where hygiene is concerned, they may be liable for damages in court. It is possible to sue the facility itself, and if something happened that indicates that the facility might be responsible—such as your contracting a staph infection—you may want to contact a good Dallas medical malpractice lawyer about the matter.

3. Physical or Financial Harm is Necessary

Being offended by a doctor’s bedside manner or feeling like you weren’t treated with all the care possible are not enough to constitute medical malpractice. You have to have been harmed in some specific way. Pain and suffering are established as forms of harm, but simply being angry or disappointed isn’t enough to file a lawsuit. The harm also has to come from negligent treatment. The side effects of the proper drug that was used to treat your condition, for example, may be unpleasant, but that doesn’t make the doctor liable for malpractice.

Malpractice law is about protecting patients and making sure they have a way to get compensated if they’re harmed. If you were injured, you should contact an attorney to see how they may be able to help you. You may be able to win  the case by jury trial or through an out of court settlement. Contacting a lawyer quickly is advisable as there might be time limitations on how long you have to file a claim before it becomes invalid.

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