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Medical MalpracticeMany people associate plastic surgery with cosmetic surgery, used to enhance physical features for aesthetic purposes. However, it actually encompasses much more – many medical procedures that involve the reshaping or restructuring of body parts are considered plastic surgery. These procedures aren’t solely aesthetic in nature, as many of them (such as skin grafts and reconstructive procedures) are needed to help return certain parts of the body to their normal functions. If a complication arises in your procedure, you will probably consider filing a medical malpractice lawsuit. Before you do, though, the Dallas lawyers with The Barber Law Firm want to make sure you know what is required for you to have the best chance of achieving a favorable result.

What You Need to Prove in Order to Succeed

Typically, in order to be successful in a medical malpractice case the plaintiff needs to prove that negligence was committed. You will have to prove these following elements in order to prove negligence:

  • The patient was owed a duty of care by the plastic surgeon.
  • The surgeon breached that duty of care.
  • The negligent breach resulted in an injury to the patient.

It is usually very simple to prove the first element, since it is typically assumed that plastic surgeons have a duty of care to practice in accordance with the standards of the field of plastic surgery. However, proving causation – that the surgeon’s actions caused your injury – can be very difficult. There are times where injuries are not manifested until years after the procedure was performed. Also, there are usually several other professionals, such as nurses and other doctors, who are involved in a procedure. That is why you need to have the help of an experienced attorney if you are considering a medical malpractice lawsuit.

If you or someone close to you has been harmed after a medical procedure involving plastic surgery, contact The Barber Law Firm online or call us at 866-986-1529 to learn how we may be able to help. Have you ever been harmed after undergoing plastic surgery? Share your story by clicking one of the social media buttons on this page.

Pharmacists are a crucial piece to our healthcare system. Pharmacists provide a safe way of getting medication from doctors to patients, and also provide a critical source of information about medications to patients.

It’s vital that pharmacists use their knowledge of medications, interactions, and the human body and apply that to their jobs. Pharmacists may be the only way to stop a doctor from committing negligence by prescribing the wrong drug or the wrong dosage. In most cases, pharmacists are very knowledgeable professionals who use a great deal of care.

However, in some cases pharmacists may commit negligence. Negligence occurs when a person who has a high duty of care breaches that duty of care. As a result of the breach of the duty of care, a person is usually harmed and that causes damages. If a pharmacist commits negligence, he or she can be held legally responsible for those damages.

There are a variety of ways in which pharmacists may commit negligence. They could accidentally give the patient the wrong dosage. The medication may be dispensed with the wrong directions. A pharmacist may give a patient the wrong medicine that has a similar name as the correct medicine. They could fail to notice that the patient is currently taking a medication that would interact with a newly prescribed medication. They could fail to correctly read the doctor’s handwriting. Many of these mistakes will not result in serious harm. However, for some patients the mistake could be life threatening.

If you have been harmed by a pharmacist’s malpractice, you may wish to obtain legal compensation from the pharmacist or the pharmacy for your medical expenses, pain and suffering, or other expenses you’ve encountered. Call the Dallas pharmacist malpractice attorneys at the Barber Law Firm at 866-986-1529 to learn more about protecting your rights.

What should I do if I think my psychiatrist commits malpractice?

Seeking psychiatric help is not easy for most people, but in most cases it can be a positive step to obtaining help with mental or emotional problems. Many people have very positive interactions with psychiatrists and get the help they need. However, in some cases psychiatrists can prey on their patients, usually by abusing or neglecting them.

Psychiatric malpractice is a form of medical malpractice. Medical malpractice occurs when a doctor or other health care provider provides improper or negligent treatment to a patient. A large percentage of psychiatric malpractice often goes unreported.  Victims of a negligent or abusive psychiatrist often don’t come forward, for fear of embarrassment or because they believe they won’t be believed. When they do come forward, they are frequently dismissed because of their mental issues, sometimes even by friends and family members.

Psychiatric malpractice can occur in several ways. First, there is intentional conduct that is wrong by a psychiatrist. This could be a psychiatrist sharing confidential information about a patient with another person. This could also include more serious violations, such as physical or sexual abuse of a patient. The other way psychiatric malpractice could occur is through negligent conduct. This could include prescribing the wrong drug or the wrong dosage, failing to diagnose a patient’s serious condition, or diagnosing a patient incorrectly.

Patients who put their faith in psychiatrists usually have fears about the psychiatrist’s treatment and whether they will be stigmatized as a result of the treatment. Patients shouldn’t have to carry the additional burden of dealing with a psychiatrist’s malpractice.

Medical Malpractice“Everyone makes mistakes” is an oft-repeated adage, but it’s also a vast oversimplification. Although it’s true that no one is perfect, society does hold different standards with respect to how much of a problem someone’s mistake is. The severity of the consequences, as well as the efforts taken to avoid the error’s occurrence, tend to be decisive in the determination of whether the mistake is shrugged off or whether it can be sued over.

One of the more egregious categories of errors is that of medical malpractice. Mistakes involving one’s health can have dire consequences, and malpractice claims focus on those mistakes that should have been avoided. The attorneys at the Barber Law Firm have experience addressing wrongful death and serious injury claims stemming from malpractice, so they can help you get your life back on track and get the compensation you deserve.

What Is Medical Malpractice?

Malpractice in medicine doesn’t encompass every error that occurs in the field. Rather, malpractice with respect to medicine applies only where a healthcare provider’s actions are so bad that they meet a standard of professional negligence. In other words, the doctor or other health care provider would have to engage in treatment practices that fall below the accepted standard of care in that field of medicine. This can mean anything from operating on the wrong limb to using an irresponsible, untested technique.

The issues in malpractice cases can be quite complicated and depend on highly fact-specific inquiries, so a licensed Dallas malpractice attorney can help you understand the issues. And because malpractice claims depend on complex issues of fact and law, it’s important that you provide your attorney with all of the details that you can.

Medical Malpractice Issues

One often misunderstood issue in malpractice claims is that such claims are not limited to just doctors and surgeons. Nurses, therapists, and even non-physicians involved in treatment under doctors can be liable in malpractice actions, as just doing what one is told is not a defense. Likewise, malpractice suits may hold those higher up the chain, like people at hospitals and medical organizations, liable through the theory of vicarious liability.

Medical malpractice claims are complex, so a firm with experience is needed. Call the Barber Law Firm at 972-525-2550 to explore your legal options in a free consultation.

Medical MalpracticeWhile modern society is one that is full of services, very few of them are actually necessary for everyday life. One service, however, that is undeniably essential is that of health care. From making sure that minor scrapes don’t turn into major infections to healing everything from broken bones to bruises, modern medicine solves a lot of problems. Sadly, though, there are also cases in which medical procedures do more harm than good.

While accidents can happen in any situation, mistakes and negligent behavior in the context of medicine can be more harmful and shocking because of the expectation that health care providers help solve problems, not create them. Whether a mistake or negligent act caused relatively minor injury or prompted wrongful death, you may have a cause of action for medical malpractice. To explore your rights with a qualified Dallas injury attorney, contact the Barber Law Firm today.

With many goods and services, you can simply get a refund for a defective product or shoddy craftsmanship. But when it comes to medicine, that is not the case. There is no instant recourse for a medical procedure, and even a refund can’t undo potentially crippling life-long damage from a medical procedure gone awry.

When you put your trust in a health care provider, you should be able to rely on his or her expertise. Society demands a high standard of care of medical practitioners, and given the cost, this seems justified. When practitioners fail to meet this standard, the recourse is not through returning a product but through medical malpractice action.

Although Dallas has high quality health care facilities, accidents and carelessness can happen everywhere. Don’t assume that a poor job is simply a risk that comes with undergoing a medical procedure. While not every procedure is guaranteed to provide complete relief in all cases, you are not responsible for taking the fall if a doctor fails to adhere to a standard of due care. Instead, you should look to a potential suit for malpractice.

Malpractice in medicine can be a complex field, so it’s best to seek an attorney’s advice. For a free consultation on your case, contact the Barber Law Firm at 972-525-2550.

Many people who undergo dental work or dental surgery in the United States have major complaints after the surgery, including that the work wasn’t performed correctly or was very painful. If the problems are particularly bad, many of those people may harbor fantasies about suing the dentist.

If your dentist commits malpractice, the dentist can be sued. Dentists are medical professionals and have a duty to use a high standard of care when treating their patients. If they fail to use that high standard of care, and their mistakes hurt a patient, the patient can sue for malpractice. Recently, a Swedish woman swallowed a drill during a dental procedure and ended up lodged in her lungs. A doctor was able to remove the drill, but it took her a month to recover.

According to statistics, up to 45 percent of medical malpractice claims have to do with a dental procedure. The most common type of dental claim relates to a procedure that led to an injury in a patient. The most common types of injuries related to dental procedures include fractured jaws, facial scars, infections, nerve damage, and loss of teeth. The second most common type of dental claim relates to an error in diagnosis.

One potential problem in bringing malpractice claims against dentists is that usually dental mistakes don’t lead to the same types of major medical problems as mistakes of other doctors. Therefore, the value of the claim against the dentist is typically lower, and medical malpractice cases can be expensive to bring. In some cases where only mild damage occurred, it may not be worth the expense of bringing the lawsuit.

If you have been injured by a dentist in the Dallas area, you should speak to an experienced attorney to determine if you have a valid claim. Call the Dallas medical malpractice attorneys at the Barber Law Firm at 866-986-1529 to discuss your injury with a qualified attorney.

Although many people think that medical malpractice occurs only when a doctor does something specific incorrectly (such as amputating the wrong limb), doctors can also be held liable for failing to diagnose illnesses, diseases or injuries. If a doctor fails to initially recognize an illness or disease, and that condition goes untreated, it may not be found for months or years. At that point, it is either much harder to treat the disease, illness or injury, or it may even become untreatable. Some statistics show that up to 40 percent of all medical malpractice claims are because of the failure to diagnose a problem.

Many medical malpractice cases that originate from a failure to diagnose are caused by the failure to diagnose a heart attack, appendicitis, or cancer (particularly lung, breast or colon). If left untreated, those conditions can lead to very rapid damage or death. There are many other conditions that are frequently undiagnosed, but they may not lead as quickly to severe damage to the body.

A doctor and other health care professionals have a duty to be aware of the obvious symptoms of certain medical conditions. Sometimes a patient will see a doctor with obscure symptoms or symptoms that a doctor cannot recognize, and in that situation it’s the responsibility of the doctor to determine the cause of those symptoms. If a patient has a family history of certain types of illnesses or diseases, the doctor should be even more aware of the patient’s likelihood of developing that illness or disease.

A failure to diagnose can happen for many reasons. The doctor may not order the proper tests or may not have the appropriate knowledge on the patient’s condition. The patient and doctor may not communicate effectively about the symptoms of the medical condition. The doctor may not properly take the patient’s medical history, which could lead to a proper diagnosis. A doctor may fail to order more tests when necessary.

Do you believe your doctor committed medical malpractice by failing to diagnose a condition you had? Do you believe that failure to diagnose led to additional health problems? If so, you may have a medical malpractice case. If you are inDallas, contact theDallasmedical malpractice attorneys at the Barber Law Firm at 866-986-1529. They will help you determine the next steps to take to receive compensation for your injury.

Medical malpractice occurs more often than you might think. According to theInstituteofMedicine, between 44,000 and 98,000 Americans die in hospitals each year because of preventable medical errors.

There are many misperceptions about medical malpractice lawsuits floating around out there. Although the perception among many is that doctors and hospitals are being sued for every tiny mistake they make, the truth is that only one in eight preventable medical errors committed in hospitals results in a malpractice lawsuit. Many people also think that huge punitive damages are available in most malpractice cases. The truth is that punitive damages are generally awarded in less than one percent of medical malpractice cases.

Medical malpractice can take many forms. Malpractice can be committed by any health care professional, including doctors, nurses, pharmacists, office staff, and more. Malpractice can be a result of a failure to diagnose a problem, a misdiagnosis, improper treatment, a medication error, a surgical error, a failure to follow up, or many more causes. Medical malpractice could result in a complication or disability, either temporary or permanent, or death.

Victims of medical malpractice are entitled to compensation for their injuries. A person who’s injured because of a mistake made by a medical professional can receive compensation for past and future medical expenses, pain and suffering, lost wages, and other compensation. If you are a victim of medical malpractice, contact the Dallas medical malpractice attorneys at the Barber Law Firm at 866-986-1529.  Our firm has significant experience in helping the victims of medical malpractice, and we will be happy to help you get the compensation you deserve for your accident.

Unfortunately, there are no guarantees that a surgery will be successful. Your body may not have responded as expected during surgery, or complications could have arisen that could not have been anticipated. However, sometimes surgeries are unsuccessful because the surgeon or hospital was negligent. It’s been estimated that hundreds of thousands of people die in theU.S.alone each year because of negligence by health care providers.

In order to succeed in a medical malpractice case, a plaintiff must show the doctor or other health care professional was negligent in providing medical care, that negligence was the cause of some injuries, and that damages occurred as a result. When performing surgery, surgeons are required to use the same degree of skill and care that a surgeon of a similar type of specialty would use under the circumstances. If the surgeon fails to follow medical standards and provides substandard care, malpractice occurs. It can make a difference whether your surgery was performed on an emergency or an elective basis – if the surgery occurred because of a medical emergency that arose, your treatment will be different than a surgery that has been planned for months.

It’s important for a qualified medical malpractice attorney to meet with you to discuss whether you may have a medical malpractice case. An experienced medical malpractice attorney can review your records and consult with experts to determine whether your surgery outcome was the result of poor treatment or not.

If you believe you have been the victim of medical malpractice, and you’re in theDallasarea, contact the Barber Law Firm at 817-527-8833 to learn more about your legal options.


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The Barber Law Firm, PC, is a personal injury law firm serving Dallas, TX and surrounding areas. Our job is to put you at ease as we navigate the legal channels of your Dallas personal injury case. Visit our homepage.


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