Texas Medical Malpractice Lawsuit Criteria
Of all forms of Texas personal injury, medical malpractice is certainly one of the most common. As much as technology and the medical field have advanced, the medical profession is still not an exact science. Especially in situations like surgeries, serious disease diagnoses, and births, there is a human component that must be accounted for. But it is every patient’s right to expect a certain level of accountability and professionalism from their doctor, regardless of the individual situation.
There are many different forms of medical malpractice. A Texas hospital negligence attorney with experience can help you determine who is at fault and guide you through the filing process.
Some of the most common types of medical malpractice in Texas include:
- Wrongful prescription
- Delayed diagnosis
- Doctor/nurse negligence
- Surgery errors
- Birth complications
The major distinction between the terms ‘malpractice’ and basic ‘negligence’ lies in the presence of intent. ‘Malpractice’ implies intent on behalf of the doctor to ‘cut corners’ with a patient’s situation. That is, any instance of a medical professional ignoring their better judgment or failing to consider all necessary options and alternatives in making decisions related to your health.
There are a few aspects of every medical malpractice claim in San Antonio that must be taken into account when determining how much your case might be worth in court:
- Statute of Limitations
- Under Texas state law, the statute of limitations for bringing a medical malpractice suit is two years. This means that within two years of the negligent act itself, or at least since the first reasonable discovery of the damages, have occurred.
- Statute of Repose
- The concept of ‘statute of repose’ requires those attempting to require a medical malpractice lawsuit within ten years of the incident. Any case more than ten years old will almost certainly be thrown out by a judge.
- Damages Cap
- There is a cap on damages in Texas, even though it only applies to non-economic damages. Non-economic damages include emotional, general pain and suffering, anxiety, stress, and other psychological damages.
- Filing Of Expert Report/Notice Requirement
- The plaintiff (or his/her lawyer) must provide notice of the claim to all involved health insurance companies identifying the insurance companies included in the claim, at a minimum of 60 days before the day the case is filed. The injured party must also serve an ‘expert report’ to all defendants within 120 days of the filing of the claim.
When it comes to any Texas medical malpractice case, burden of proof always rests with the plaintiff or parties seeking compensation. If it can be determined that you have not acted quickly for treatment or any attempt to mitigate your damages, the chances of your case being dismissed in court are greater.
It is important to always remain proactive about your malpractice case, even before you hire legal guidance. Assembling all evidence and remaining vigilant about your own situation can help you to determine if your case includes the above aspects of Texas medical malpractice lawsuit criteria.Texas Lawyers From Carabin Shaw are Here for You!
Instances of medical malpractice can seriously alter you and your family’s quality of life. For more information, and to find out whether your situation may include Texas medical malpractice lawsuit criteria, contact one of the knowledgeable Texas medical malpractice lawyers at Carabin Shaw today.
Carabin Shaw’s Texas lawyers believe that no medical entity should be allowed to continue endangered patients with negligence or carelessness in dealing with his/her health. Fortunately, our team of Texas attorneys have more than 20 years of experience serving the needs of clients all across Texas.
Our Texas lawyers offer all our clients a free initial consultation to help answer all your questions. The Texas medical malpractice at the law firm of Carabin Shaw are ready and willing to fight for you. We will stop at nothing to restore your quality of life as it was before your case was mishandled by anyone in the medical field. Call us today at our San Antonio offices at 210-222-2288, or anytime toll free at 800-862-1260.
Main office of the attorney located in San Antonio, Texas.