Attorneys at Wormington & Bollinger recently represented Texas parents in a medical malpractice lawsuit against Dr. Marc Wilson at Texas Health Presbyterian Hospital in Denton, winning in a court of appeals. The case was brought against Wilson and Texas Health after our client, identified as M.A., was treated negligently when giving birth to her baby. The child suffered severe shoulder nerve damage during the delivery, and M.A. argued that she was not initially treated in the emergency room, which led to the injury. The case has been going on for over a year now, with the both sides seeking answers based on the Texas Civil Code and medical malpractice laws. According to documents, the medical malpractice lawsuit brought against Wilson was asking the court to clarify when negligence or medical malpractice applies in an emergency care scenario.
Maria Wormington, alongside Peter M. Kelly, Dana Levy, and Kirk Pittard of Kelly Durham & Pittard LLP are representing the parents and feel confident about the case going to the Supreme Court. They have won in two separate courts of appeals and fully expect the Supreme Court to rule in their favor. Medical malpractice is a growing problem in the United States, and there are numerous grey areas that have led to lawsuits and similar decisions like this one.
About Medical Malpractice
Medical malpractice takes place any time a hospital, doctor, or other healthcare professional acts negligently or fails to provide a standard of care to a patient, resulting in injury or death. There are many different examples of negligence, including errors in diagnosis, treatment, or aftercare, surgical errors, failure to diagnose, or failure to provide adequate emergency care, such as the case with M.A.
Several things need to occur in order for a medical malpractice case to move forward, including:
- A violation of the standard of care set in place - Before pursuing a medical malpractice claim, you must be able to prove that the doctor or hospital violated the standard of care set in place. When you receive medical care, you expect the professionals taking care of you to deliver this care with consistency. When this does not happen, you may be able to sue for damages.
- You sustained an injury as the result of this negligence - In order for a medical malpractice claim to be valid, you must be able to prove that you were injured as a result of negligence on the part of the doctor or hospital. It is not enough to simply show that the standard of care was violated.
- You suffered serious damages – Medical malpractice lawsuits are not easy – or cheap – to litigate. For this reason, you must be able to prove that you suffered significant damages from an injury due to the healthcare provider’s gross negligence. You should be able to show that your injury resulted in loss of income, suffering and hardship, emotional damages, and significant medical bills.
Medical malpractice lawsuits are becoming increasingly common, but they are not easy to pursue. If you have suffered an injury or lost a loved one as the result of an error made by a doctor, hospital, or other healthcare professional, please call Wormington & Bollinger.