Dallas personal injury lawyer Constantine G. Anagnostis provides careful examination of the surrounding facts and circumstances to determine whether the defendant is legally responsible for the plaintiff’s injuries. At the Law Office of Constantine G. Anagnostis, we look at the facts of your case and determines whether you have a legally valid claim, how soon you must act to preserve your rights, the damages to which you may be entitled, and whether you may be entitled to some type of financial benefits before your lawsuit is even resolved. Additionally, you owe no legal fees unless and until the defendant pays the damage award.
The elements of a cause of action for medical negligence under the Medical Liability Act are the following:
1. The plaintiff’s cause of action is health care liability claim against a physician or health care provider.
2. The defendant owe the plaintiff a duty
3. The defendant breached its duty, that is, the defendant did not meet the required standard of care.
4. The defendants breach proximately caused the plaintiff cindery.
Damages:
For common law negligence claims, all noneconomic damages are awarded to a plaintiff, but it does not cap the plaintiffs economic damages. Thus to calculate damages subject to the cap, the plaintiff must segregate economic and noneconomic damages in the jury charge.
Past and Future Damages:
To recover prejudgment interest on past damages, the plaintiff must segregate past damages from future damages in the jury charge. Past and future damages may also be segregated if a defend net requests periodic payment of future damages.
Duty of care
To prove a claim for medical negligence, the plaintiff must establish the defendant had a legal duty of care. The issue of duty is a question of law to be decided by the court before addressing the standard of care. Generally, a physician or health care providers duty of care originates solely through the relationship with the patient. and is owed only to the patient.
Duty of Physicans:
A physician owes a duty of care only to her patient. A physician patient relationship is established only through an express or implied agreement that the physician will treat the patient. The relationship is consensual, and to establish one when there is no previous relationship, the physician must take some affirmative step to treat the patient. The fact that the physician does not deal directly with a person does not necessary mean there is no physician patient relationship. However, a duty of care cannot be created unilaterally by a third party in favor of an unidentified patient.
Physicians on call
An agreement to be on call does not establish a physician patient relationship.
However, if the on call physician evaluates a patient and makes medical decisions for the patient, a physician patent relationship is established.
HMO Physicians:
A participant in a health care plan may be able to prove the plan designated physician owed the participant a duty of care by estalhsing that a physician patient relations ip was created unede the terms of the plans agreement with the insured and the plans agreement with the physician. However, a contract to provide medical coverage that is created for the benefit of the physician does not by itself create a duty.
Consulting Phyisicnans and Referred Specialist:
If a consulting physician has performed a medical examination of a hospital patient and has gien the primary or referring physician the results of that examination, the consulting physician has no duty to ensure that any recommended medical followup is pursed, unless the patient and the consulting physician take additional affirmative actions to continue the relationship.
General Rule:
Generally, a physician owes no duty of care to third parties who are not patients, whether they are specifically identifiable or just members of the public at large.
Exception: Duty not to injure
Although a physician who examines a non patient has no duty to conduct the examination according to the accepted standards of medical care, the physician owes a duty not to injure the non patient during the examination.
Breach of duty
To prove an action for medical negligence, the plaintiff must establish the defendant breached its duty, that is the defendant did not meet the required standard of care.
Standard of Care
The general duty of a physician or health care provider is to act as a reasonably prudent physician or health care provider would act under the same or similar circumstances.
Because medical practice is constantly changing as knowledge increases and procedures improve, the standard of care is determined as of the date of the challenged decision or procedure.
Contact
At the Law Offices of Constantine G. Anagnostis, our focus in on people and their problems. Whether it is a case involving personal injury, products liability, wrongful death, or business disputes, Dallas personal injury lawyer Constantine G. Anagnostis provides the knowledge and emotional support necessary to best ensure our clients a favorable outcome and peace of mind. At the Law Office of Constantine G. Anagnostis, we look forward to helping you. If you would like any additional information, please do not hesitate to contact us.