Medical Malpractice- What is it and how do you file a claim?

By: Margie Taylor
| Published 05/03/2022


THE WOODLANDS, TX -- At some time or another we all must see a physician for a regular annual maintenance check-up, an ailment that doesn’t go away, or an injury from an accident. Our medical insurance often dictates which primary physician or facility we may visit and then it is best to see the same physician over time, so they get familiar with changes to your body.

Most health issues can be managed by your primary care physician (PCP) but when it gets more serious with a chronic condition, a rare disease, or a life-changing diagnosis your doctor may want to have you consult with a specialist. Your PCP will likely recommend a specialist with a proven record in that specific area of medicine. It is imperative that you feel comfortable and trust the specialist with their ability and knowledge of your situation or condition.

Once a treatment plan is in place with your PCP or a Specialist, you develop a patient/physician relationship and agree to “hire” them for you or your loved one. When your trusted physician does not perform as expected and outlined you should get a second opinion from another equally competent physician. There is no medical malpractice unless there is negligence that caused harm that a competent doctor under the same circumstances would not have done.

Medical malpractice is when a treatment falls below the accepted medical care and the “sub-standard” care causes harm to the patient. Just because you are unhappy with the treatment or results does not constitute medical malpractice. A medical expert must show how the physician deviated from standard medical care. Examples of harm caused by negligence could include physical pain, mental anguish, loss of work, administrating medications with fatal allergens, failure to diagnose a medical condition, or death.

Medical malpractice must prove a doctor/physician relationship occurred, the physician was negligent, there was harm from the negligence caused by the incompetency of the physician, and the qualified expert provides medical testimony verifying the negligence. Medical malpractice law makes it possible for patients to recover compensation from any harms that result from sub-standard treatment. The three most common medical malpractice lawsuits are failure to make the correct diagnosis, birth injuries, and medication errors. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, significant past and future medical bills, and wrongful death. The statute of limitations in Texas to file a legal malpractice case is two years from the date the negligence occurred or was omitted to the patient.

When faced with expensive medical expenses and lost income you need a personal advocate holding individuals accountable for the consequences of their neglect. Attorney, Mark Wham is a Board-Certified Specialist able to provide expert legal counsel to seek the full amount of financial compensation for a medical malpractice. Your attorney fees are paid on a contingency fee basis, meaning you pay nothing until the compensation is recovered in the lawsuit. After a consultation you will understand the process to move forward with a positive outcome.

Wham & Rogers, PLLC is a family-based local firm with attorneys Mark Wham, Rene Rogers, and Ryan Wham in The Woodlands, Texas. Wham & Rogers values individuals as if they were family with a focus on detail and commitment to caring outcomes. Wham & Rogers have a proven history of getting momentous results for clients and families. Together they offer more than 60 years of combined legal experience aiding injured victims and bereaved families throughout the community.

Mark Wham was board certified in personal injury in 1994 and rated AV-Preeminent by Martindale-Hubbell's Attorney Peer Rating review, the highest possible rating as to both Legal Ability and Ethical Standards. He is one of the 1% of attorneys who is a Life Member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.

Get a free consultation by calling (832) 592-1108, text (832) 413-1428 or go online to to learn more. “Wham & Rogers for the justice you deserve'

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