Asked Questions about Medical Malpractice

Frequently Asked Questions about Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital or hospital worker, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.

Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure.

Q: What should I do if a think I have a medical malpractice claim?

A: You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.

Q: What is “informed consent?”

A: Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient’s written consent to proceed.


Q: Do I have a case against a doctor who prescribed me a drug for treatment, but failed to tell me it was part of an experimental program?

A: Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his/her failure to obtain your “informed consent” relative to this treatment.

Q: If the consent form I signed prior to a procedure is considered valid, can I recover any damages in a malpractice action against my doctor?

A: Yes, you still may be able to recover damages. A consent form does not release a physician who performed a procedure negligently from liability. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him/her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.

Q: How does a jury determine if a doctor’s actions were negligent?

A: A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician’s actions followed standard medical practices, or fell below the accepted standard of care.

Q: What is a “Certificate of Merit?”

A: One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a “certificate of merit.” In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff’s health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff’s attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff’s action has merit.

Truck Accident

Wichita Falls Truck Accident Attorneys

The Texas Truck Injury Lawyers of Banner, Briley & White

Did a truck driver’s negligence cause a semi trailer crash, and serious or catastrophic injuries to you, or the wrongful death of a family member?

In Wichita Falls and throughout north Texas and Oklahoma, the attorneys who can help you are Banner, Briley & White. Our law firm has aggressively — and successfully — protected the rights of law-abiding motorists injured in car accidents and truck accidents since its inception.

Perhaps no industry in the United States is regulated more than that of interstate trucking. Federal, state and local regulations are supposed to govern how long truck drivers can drive without rest, how often they should sleep, how vehicles must be maintained, how shipments must be documented, how cargo must be loaded, and so on.

At Banner, Briley & White, we understand not just the “rules of the road” and the special duties imposed on commercial and public carriers, but also the complex human, scientific and engineering principles often necessary to explain just how and why truck accidents have occurred. Our skilled personal injury attorneys dig deeply for the facts that can win you the financial compensation you need.

Our Wichita Falls Truck Accident Lawyers Get Results for Personal Injury Victims

Negligence-based causes of truck accidents include:

  • Driver negligence: the factor causing the largest number of truck accidents, including truck drivers who drive too fast or tailgate; drivers who are under the influence of drugs or alcohol; and those who are simply careless
  • Defective products: including tire blowouts, brake failure, faulty hitches, defective or malfunctioning engine parts; any number of vehicle components could fail, causing an accident
  • Poor truck maintenance: due to trucking company policies of cutting corners and costs wherever possible
  • Shifting loads: after a large commercial vehicle is hurriedly, haphazardly loaded with cargo
  • Regulatory violations: failure to require truck drivers to rest and sleep at certain intervals, hold vehicles to weight requirements and securing of cargo

Banner, Briley & White attorneys thoroughly investigate the truck accident that injured you. We bring our findings to the insurer for the negligent truck driver and push hard to obtain full financial compensation for you. While you recover from your injuries, your bills are piling up — medical, vehicle repair, lost wages, worries over future income. You need money. You deserve justice.

Which brings us to the cost of our legal services, which is zero. The contingency fee basis for our work means that you owe no attorney fee unless we win your case and collect a settlement damage award that you approve.