Texas Medical Malpractice
Medical malpractice, commonly referred to as "med mal," arises in Texas law when a healthcare provider has negligently acted, or not acted, and the patient has been harme Texas medical malpractice suits are based on whether or not the healthcare provider's treatment, or non-treatment, was a departure from the accepted standards of the practice and typically arise from the following situations:
If a patient feels that they have been harmed as a result of the negligence of their healthcare provider they should immediately contact a Texas medical malpractice attorney.
Who Can Commit Medical Malpractice in Texas
Any person that is considered a healthcare provider could commit medical malpractice in Texas. According to Texas medical malpractice law, a healthcare provider means "any person, partnership, corporation, facility, or institution duly license, certified, registered, or chartered by the State of Texas to provide healthcare." Examples of healthcare providers in Texas include: a registered nurse, a doctor, a dentist, a chiropractor, an optometrist, an emergency medical center, a hospital, or any other healthcare institution such as a hospice or assisted living home. Consult a Texas med mal attorney with any questions as to whether or not a specific individual or institution is considered a healthcare provider under Texas law.
Texas Medical Malpractice Statutes of Limitation
Generally, a patient must bring a medical malpractice claim against the healthcare provider within two years from the date the act that caused injury was committed or from the date of completion of treatment or hospitalization if the date the act was committed cannot be determined. If a patient is not reasonably able to discover the harm caused by medical malpractice within two years of being released from treatment, then Texas law allows a claim to be made providing it is done so within ten years of the date the act causing injury was committed. Texas courts have declared that any minor has until they reach the age of 20 to file a claim for medical malpractice for an act that occurred prior to their 18th birthday. For questions on whether or not a medical malpractice claim is within the statute of limitations in Texas, consult a Texas med mal lawyer.
Damage Limitations on Medical Malpractice Claims in Texas
Texas law places a limitation on the amount of money a patient can recover for noneconomic damages (pain and suffering). The damage limitations listed below are the amount each particular person filing the claim in a case can receive.
When filing a claim for medical malpractice in Texas, consult a Texas medical malpractice lawyer for advice on what healthcare providers to file suit against, and what the damage limitations will be.
How to File a Medical Malpractice Claim in Texas
Patients that feel as if they have the basis for a medical malpractice claim in Texas should immediately contact a medical malpractice attorney. The process of filing a correct and legally sufficient medical malpractice claim in Texas can be daunting as the paperwork is confusing and highly legally technical. Furthermore, it is a certainty that the defendant healthcare providers will be represented by high priced lawyers and insurance companies that will be familiar with the details of medical malpractice cases and know how to best defend their client. A Texas medical malpractice attorney will provide an injured patient with the opportunity to pursue a claim without worrying about procedural issues that may derail it. For questions about filing a medical malpractice claim consult a Texas medical malpractice attorney prior to taking any action.