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Texas Laws Governing Medical Malpractice
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Medical malpractice can be defined as errors or mistakes made by healthcare professionals while treating patients. This can include a range of things, such as misdiagnosis, delayed diagnosis, surgical mistakes, and errors. However, it is important to note that medical science is not perfect, and healthcare providers are human, which means that some complications that could result in physical injury, failed procedures, or prolonged medical care may not be considered malpractice. Instead, some of these complications may be considered normal risks that come with certain procedures.
To determine whether or not the treatment received qualifies as medical malpractice, the main factor is whether or not the healthcare professionals followed the “standard of care” in your case. The standard of care is not a fixed standard that can be looked up in a medical textbook, as every patient and procedure is unique. Instead, it is determined by comparing what other doctors with similar training and experience would have done in the same situation. If the doctor’s care fell below these standards, then it can be considered malpractice. However, if the doctor did everything they were supposed to do but complications still occurred, it would not be considered medical malpractice under Texas law.
Texas Medical Malpractice Laws
The state of Texas implemented a “tort” reform bill in 2003 that standardized all healthcare liability cases. Consequently, malpractice cases that occurred after 2003 fall under this new set of state laws in Texas, while cases before that time are governed by outdated laws. In summary, if you require assistance with a malpractice case in Texas, your optimal course of action is to promptly seek a qualified attorney.
In 2003, Texas implemented a major reform bill regarding lawsuits and torts, specifically in the areas of medical malpractice and healthcare liability. This legislation established specific requirements and limitations, particularly regarding the amounts of damages that could be awarded. As a result, all medical malpractice cases filed after 2003 are subject to these new laws.
Despite the current laws, a patient who has a valid claim for medical malpractice can still seek compensation for damages caused by medical negligence. It is recommended that the patient seek the assistance of legal representation if their case falls under Texas jurisdiction. As the plaintiff in a civil lawsuit, the patient has the responsibility to present a strong case against the healthcare provider accused of negligence.
Texas Medical Tort Law Bans The Use Of Mandatory Arbitration Or Forced Alternative Dispute Resolution
According to Section 74.451 of the Texas Civil Practices and Remedies Code, any attempt to enforce mandatory pre-trial mediation, arbitration, or other similar methods, whether through private agreement or public law, is prohibited and considered null and void in Texas.
Medical Expert Testimony And Texas Medical Malpractice Legal Requirements For Filing Suit
When filing a medical malpractice case in Texas, the party must provide an “affidavit of merit” from a qualified medical malpractice expert within 120 days of filing the case. Failure to submit this certificate can impact how the statute of limitations applies to the injured party’s case. If a party files a case before the two-year deadline but does not provide the certificate of merit, their case may be dismissed for failing to comply with the statute of limitations.
What Claims Are Considered Medical Malpractice Under Texas Law?
Chapter 74 governs all healthcare liability claims, which include any legal action taken against a health care provider or physician for any departure from accepted standards of medical care or safety, as well as for professional or administrative services directly related to health care, that results in injury or death of the claimant. Regardless of whether the claim or cause of action is based on tort or contract, it is considered a healthcare liability claim.
To put it simply, a person files a healthcare liability claim if they believe their healthcare provider acted in a way that is not consistent with normal healthcare provider behavior and that caused harm to them or someone they represent. Chapter 74 of the Texas medical malpractice statute covers almost all healthcare-related claims.
Here are some examples of medical malpractice claims in Texas:
- One type of medical malpractice claim in Texas involves errors in diagnosis, such as misdiagnosis or failure to diagnose. This can result in a victim leaving the hospital without the necessary treatment or receiving treatment for the wrong condition.
- Another type of medical malpractice claim in Texas involves surgical errors, such as operating on the wrong body part or accidentally leaving surgical instruments inside the patient’s body.
- A third type of medical malpractice claim in Texas concerns medication errors, which can include prescribing the wrong medication or dosage or failing to prescribe necessary medication altogether.
- A fourth type of medical malpractice claim in Texas involves the negligent treatment, which refers to a mistake or error in treatment that a competent doctor would not reasonably make.
- A fifth type of medical malpractice claim in Texas pertains to failure to warn, which refers to the failure of a healthcare provider to adequately warn a patient of the potential risks or side effects associated with a procedure or medication, such as post-surgery risks or medication side effects.
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Summary Of Medical Malpractice Laws In Texas
The key principles of medical malpractice laws in Texas can be summarized briefly as follows:
Statute Of Limitations
Medical malpractice claims must be filed within two years of the injury, while wrongful death claims must be filed within two years of the date of death. It is important to note that there could be exceptions to these timeframes, such as for facilities covered by the Texas Tort Claims Act, where the statute of limitations may be one year from the incident or injury date.
Experts
In Texas, individuals filing a medical malpractice lawsuit must provide an expert report to the court and relevant parties. This report should contain details about any experts involved in the case, including their credentials and curriculum vitae. Additionally, Texas law outlines specific criteria for selecting expert witnesses, such as their current medical status, qualifications, and experience with similar cases.
Damage Caps
In Texas, there are limits on the amount of damages that plaintiffs can seek in a medical malpractice case. Currently, the law places a cap on non-economic damages at $250,000 per defendant named in the lawsuit, although certain facilities may have their cap limited to $100,000 for non-economic damages. The actual amount that a plaintiff can recover will depend on the specific details of their case.
Arbitration
Although Texas law does not mandate arbitration for medical malpractice claims, some counties have decided to use alternative dispute resolution (ADR) techniques. Texas law also establishes certain rules for healthcare providers who wish to ask or compel a patient to sign an arbitration agreement.
Liability
Liability is a crucial aspect of Texas medical malpractice laws. The state’s laws outline circumstances in which an individual could be deemed “jointly liable,” as well as the concept of vicarious liability, in which a hospital or other entity could be held liable for the actions of an employee.
Contact Us For Help If You Have Been A Victim Of A Medical Malpractice
The medical malpractice laws in Texas aim to balance the interests of healthcare providers and patients. However, navigating this area of law can be challenging due to its complexity. Although Texas law does not specify a timeline for medical malpractice claims beyond the statute of limitations, it is recommended that patients understand the complexity of such cases, which can take several months or years to resolve.
To learn more about your case and applicable state laws, it is advisable to contact a medical malpractice attorney with expertise in Texas laws and the process of handling intricate cases. At Texas Medical Malpractice Lawyers, we understand the confusion and devastating effects of medical malpractice, and we are committed to safeguarding your rights and pursuing justice on your behalf. To schedule a free consultation with one of our lawyers, you can complete our online form or call us at (888) 508-3558.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 508-3558
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