When Does a Doctor’s Error Qualify as Medical Negligence?
Most of us trust our doctors to get it right. Whether it's a routine check-up or a serious procedure, we believe our health is in good hands. But doctors are human too, and they can make mistakes. When that mistake causes serious harm, it's not just a bad outcome. It might be a case of medical negligence.
Medical negligence happens when a healthcare provider doesn’t give care the way a reasonably careful provider would in the same situation. Additionally, these cases involve a failure to meet the accepted standard of care, which results in injury or death.
At Rodman Law Office in Austin, Texas, we're here to help when a medical error changes your life. I'm Jim Rodman, a Board Certified Personal Injury Trial lawyer with deep roots in this community.
After serving in the United States Marine Corps as a Judge Advocate General, I’ve spent the last 30+ years standing up for injured people, especially those hurt by others who won’t take responsibility. If you're looking for a medical malpractice attorney in Austin, Texas, you’re in the right place.
What Counts As Medical Negligence?
Not every bad outcome means negligence. Some treatments carry risks, and sometimes things just don’t go as planned. But when the error could have been avoided with proper care, you might have a claim.
Here are some examples of situations that could qualify as medical negligence:
Misdiagnosis or delayed diagnosis: A doctor overlooks a condition or diagnoses it too late. This delay can prevent timely treatment, making the condition worse or even life-threatening.
Surgical mistakes: Operating on the wrong body part or leaving surgical tools inside a patient. These kinds of mistakes often lead to infections, more surgeries, and long recovery times.
Medication errors: Giving the wrong drug or dosage, or missing dangerous drug interactions. Even a small error with medication can cause serious health problems or allergic reactions.
Birth injuries: Failing to respond to fetal distress or using force during delivery. These mistakes can lead to long-term issues for both the baby and the mother.
Failure to follow up: Ignoring abnormal test results or not providing needed aftercare. Follow-up is often when major problems are caught, so missing it can be incredibly harmful.
Signs That Medical Negligence Might Have Occurred
If you are wondering what happened to you or your loved one qualifies as medical negligence, it is crucial to look out for some red flags:
You weren’t given all the information to make an informed decision.
Your symptoms were dismissed or not taken seriously.
A different doctor gave a very different diagnosis.
You had to get extra treatment for an issue caused by the first one.
Something just doesn’t feel right, and no one is giving clear answers.
Doctors have a duty to treat patients with a certain level of skill and care. When they don’t, and someone gets hurt, it’s time to talk to a medical malpractice attorney in Austin, Texas.
How Medical Negligence Differs From a Simple Mistake
It’s important to understand the legal difference. Doctors can make a mistake that doesn’t rise to the level of negligence. The key is whether they acted the way another competent doctor would have in the same situation.
Medical negligence requires three things:
There was a duty of care
That duty was breached, meaning the doctor didn’t act reasonably.
That breach caused harm
It’s not just about proving a mistake was made. You must also demonstrate that the mistake caused a serious injury or made an existing condition worse.
Proving Medical Negligence Can Be Tough
Medical malpractice cases aren’t easy. They take time, resources, and strong evidence. Doctors and hospitals often fight hard to defend their actions. That’s why it helps to have a medical malpractice attorney in your corner who knows what they’re doing.
You need someone who can stand up to healthcare institutions and push back when they try to deny fault. These cases are about real people dealing with real pain, and they deserve real attention.
As a seasoned personal injury trial lawyer, I’ve seen how tough these cases can be. It’s not just about going through medical records. We talk to experts, examine every detail, and help get your story told. We work hard to uncover the truth and bring it forward with facts and compassion.
What You’ll Need To File a Medical Negligence Claim
If you're thinking about filing a medical malpractice claim, here’s what typically goes into it:
Proof of a doctor-patient relationship
Medical records that show what happened
Expert testimony from another doctor explaining the error
Evidence of how the mistake caused harm
Texas law also puts limits on how long you have to file, known as the statute of limitations. You generally have two years, but there are exceptions. So if you think you’ve been hurt by a medical error, don’t wait.
Medical Negligence FAQs
The following questions come up a lot when people aren’t sure what really happened or if they have a case. Getting the right answers can help you decide what steps to take next.
What’s the difference between medical malpractice and medical negligence?
Malpractice is the legal term used when negligence by a medical professional causes harm. They go hand in hand since malpractice is the lawsuit, and negligence is the mistake. In simple terms, negligence is the action (or lack of action), and malpractice is how we hold them accountable. You can’t have a malpractice case without showing negligence first.
Can I sue if my loved one died due to medical negligence?
Yes. In Texas, certain family members can file a wrongful death lawsuit. If a doctor’s mistake led to the death, you may be entitled to compensation. These cases are heartbreaking and often complicated, but they’re about honoring your loved one and seeking justice. A successful claim can also help ease the financial burden after such a loss.
What kind of compensation can I recover?
That depends on your case, but it could include:
Medical bills
Lost income
Pain and suffering
Future care costs
Loss of companionship (in wrongful death cases)
What if the doctor says the risks were known?
Doctors must tell you about the risks. But if they didn’t explain something, or if their actions went beyond normal risks, you may still have a case.
How much does it cost to hire a lawyer for this?
At Rodman Law Office, we don’t charge you upfront. We work on contingency, which means we only get paid if we win for you.
It’s Important To Speak Up
Medical negligence isn’t just about money. It’s about doing what's right. When doctors aren’t held accountable, others can get hurt the same way. Your case could help prevent future harm to others.
I believe every client deserves to be heard, respected, and represented with dedication. If you think you or a loved one was harmed by medical negligence, I’d be honored to hear your story.
Contact Your Attorney Today
At Rodman Law Office, I fight for patients who’ve been hurt when doctors don’t do their jobs right. If you’re dealing with pain, confusion, or grief after a medical error, let’s talk. You don’t have to go through it alone.
We serve clients in Austin, Texas; Travis County; Williamson County; and Hays County.
Reach out to a dependable medical malpractice attorney today.