Every health provider in the United States of America owes patients a duty of care. It does not matter if that provider is a free clinic, a well-respected hospital, a school or even a prison. All individuals are entitled to quality care that is negligence-free.
Recently, a woman in Wichita County filed a lawsuit against prison officials. The woman was in a solitary confinement room when she started going into labor. Her lawsuit claims that her baby was born in solitary confinement with its umbilical cord wrapped around its neck. When the nurse came to remove the cord, the baby was dead. The woman believes that the staff was negligent in ignoring her obvious signs of labor.
Medical malpractice can be found when a nurse, doctor or other healthcare provider fails to uphold their professional responsibility to a reasonable degree. In a Texas court, this failure is called negligence. Negligent behavior can come from a number of different circumstances. For instance, doctors who practice on very little sleep, or pharmacists who are distracted and hand out the wrong pills may be found negligent.
Once an individual demonstrates in a Texas court that the responsible party was negligent, they are able to ask for compensation for their loss. In medical malpractice cases damages may be awarded for pecuniary loss, past and future medical expenses, pain and suffering and missed wages from work.
Any individual in Texas who believes that their medical provider acted in a negligent way that caused them injury does not have to suffer silently. These individuals should stand up for their legal rights and get more information about their legal options.
Source: KLTV, "Woman sues after infant died following birth in solitary confinement ," May 26, 2014