Legal Question in Medical Malpractice in Texas

can a hospital be sued if the nurse let the patient wait over an hour for her pain medication resulting in increased pain and anguish?


Asked on 5/24/11, 8:54 pm

1 Answer from Attorneys

Tanja Martini The Martini Law Firm, PC

Without more, in all likelihood, you do not have a claim against the hospital.

To prevail in a health care related negligence claim, the plaintiff must prove each of the following points by a preponderance of the evidence:

1. That the medical care providerís care fell below a recognized standard of care;

2. That it should have been foreseeable to a reasonable chiropractic care provider that the alleged negligence conduct could result in an injury to the patient; and

3. That in this instance the patient sustained injuries which in a reasonable degree of probability in the chiropractic would not have been sustained but for the negligence of the defendant(s).

This is always an extremely difficult and expensive burden for a malpractice victim to sustain. As a practical matter both the liability and damage evidence must be compelling for a lawsuit to be successful.

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Answered on 5/25/11, 8:04 am


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