Legal Question in Medical Malpractice in Texas

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 provider�s 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.