A patient may choose to sue a doctor even if the doctor did everything right for several reasons. Patients may have unrealistic expectations about medical outcomes. If their expectations are not met, even with appropriate care, they might feel like you made a mistake or did something wrong. A patient could also believe you did not warn them enough about the risks of a procedure or the potential for undesirable outcomes, leading to feelings of betrayal or negligence.
If a patient suffers an adverse event, they may want to look for someone to blame. The costs associated with ongoing care, rehabilitation or loss of income due to medical issues can be significant, prompting patients to seek compensation from their observably wealthy physicians or health care institutions. If you are a health care professional or run a medical business, you know you have a lot at risk should someone pursue a lawsuit against you.
Texas laws protect health care providers from unfair legal claims
If a patient is unhappy with their medical outcome, it is indeed possible for them to file a lawsuit, but there is so much more to it than just dissatisfaction. Under Texas law, specifically §74.153, the patient would need to prove by a preponderance of evidence that you failed to adhere to the accepted standard of medical care and that the breach or deviation caused them to suffer damages. There must be a direct causal link between your negligent or wrongful actions and the injury or illness sustained by the patient.
Moreover, if a patient contributed to their own injury, this could limit or even eliminate their ability to recover damages. You see, the Lone Star State operates under a modified form of comparative negligence known as “proportionate responsibility.” If the patient was more than 50% at fault for their own injuries or harm, then they cannot recover compensation from you or your health care institution.
You should not suffer for doing right by your patient
If you have acted in the best interest of your patient, you should not be subject to blame. Some medical procedures come with inherent risks that may materialize even when you meet the highest standard of care. In these cases, the mere presence of a complication or less-than-ideal outcome is not enough to prove malpractice. You must protect your license and reputation from such destructive allegations.