Texas Medical Malpractice Attorneys

When you seek medical care at a hospital or anywhere else, it's to treat an illness, seek care for an injury, or simply maintain your health. Sadly, for some patients, their health gets worse when they seek medical care. Research shows that medical errors are now the third leading cause of death in the United States. Many medical malpractice incidents involve minor injuries; 80 percent of them result in severe injuries or fatalities. 

If you or someone you love was injured due to medical malpractice, contact a compassionate Brazoria County medical malpractice attorney as soon as possible. 

What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider acts or fails to act in such a way that is standard for their job and credentials. When a healthcare provider doesn't act in a manner that another reasonable provider would act in the same situation, they can be held liable for medical malpractice if injuries occur.

Many different situations constitute medical malpractice, such as giving the wrong drug, amputating the wrong limb, and even a failure to diagnose or a delayed diagnosis. In all of these circumstances, the physician or other medical professional breached their professional duty and caused you harm. No matter what type of medical malpractice caused your injuries and damages, an experienced Brazoria County medical malpractice lawyer could recover damages on your behalf. 

Damage Caps in Texas Medical Malpractice Cases

Many states, Texas being one of them, have a mandated limit on the amount of compensation an injured party in a medical malpractice case can receive. Some medical malpractice claimants received significant amounts of damages in the past, causing insurance rates for clinicians to increase and some frivolous lawsuits to be filed. Insurance companies claim that limiting the amount of compensation in a medical malpractice case helps control frivolous lawsuits and keeps premiums low. 

However, damage caps highlight how powerful healthcare establishments and their insurers are protected from paying significant awards for damages. It doesn't matter if victims and families suffer the most shocking harms or if juries determine that they deserve more. With these caps, the fight for full and fair compensation all the more crucial. It's essential to work with Brazoria County medical malpractice attorneys who can use their resources and experience to recover the maximum compensation possible for economic damages, including both past and future damages.

Texas damage caps for non-economic damages are as follows:

• For claims against a physician or another healthcare provider, non-economic damages are capped at $250,000 per claimant.

• In malpractice claims filed against one healthcare institution (such as a surgery center or hospital), the cap is also $250,000 per claimant.

• An overall cap of $500,000 per claimant applies in cases against more than one healthcare institution.

• No single institution can be held liable for more than $250,000 in non-economic damages per claimant.

Texas Medical Malpractice Statute of Limitations

One of the most critical pieces of injury lawsuits for injured parties to understand is the statute of limitations. This law limits the amount of time that can go before you no longer have a legal claim. Cases filed after the statute of limitations will not have legal standing to seek compensation and are usually dismissed by the presiding judge.

Under Texas laws, injured parties or their medical malpractice attorney must file the lawsuit within two years from the date the harm occurred or the date the victim should have reasonably been aware of the harm. If the injury isn't discovered within two years, the party has a "reasonable time" to pursue legal action. Courts in Texas vary on the definition of "reasonable time," so it's best to contact a well-versed Brazoria County medical malpractice lawyer as soon as possible. There are additional requirements if the hospital is a state or local entity in which notice must be send within three to six months of the date the victim should have reasonably been aware of the harm.

An injured party can "toll" or pause the medical malpractice statute of limitations in Texas for 75 days by sending a notice letter to the negligent party within the two-year limit. For the tolling provision to apply, the notice must fulfill the requirements of Chapter 74 of the Texas Civil Practice & Remedies Code.

Suppose your medical malpractice claim involves a government employee. In that case, you have to provide notice of your claim within six months of your injury. Governmental entities own many Texas hospitals and clinics, so it's imperative to determine if you need to send out such a notice.

The statute of limitations for claims involving minor children is also different. Texas law provides that a minor has until the age of 14 to file a suit. The Texas Supreme Court has, however, given thus given minors until age 20 to file suit. 

Texas law also provides that a claim for a minor's medical expenses before the minor turns age 18 is the property of the minor's parents or legal guardians. However, a claim for medical expenses (which can be significant) is subject to the general two-year statute of limitations. 

Complicating matters even further, Texas has a ten-year statute of repose for all medical malpractice claims. The statute of repose should completely bar any medical malpractice claims that arose more than ten years before they were filed. As with all medical malpractice claims in Texas, it's best to consult a reputable medical malpractice attorney as soon as possible regarding a minor's potential medical malpractice claim.

Get Help From an experienced Medical Malpractice Attorney Today

By working with a well-versed and experienced medical malpractice lawyer from TX Injury Group you could obtain the compensation you need to pay your medical bills and move forward with your life. Your attorney will know what evidence is required in order to prove the liability of the at-fault parties and your damages. They will also understand what statute of limitations applies to your claim. We have experience in the medical field and experience in the Houston and surrounding area hospitals. Our lawyers have been in the operating rooms of UTMB, Methodist, HCA, Memorial Hermann, Harris County Hospital District, Ben Taub, LBJ Hosptial, Brazosport Memorial Hospital (Chi St. Lukes), Sweeny Hospital, Angleton Danbury Medical Center, UTMB Angleton, Matagorda Regional Medical Center, and many other facilities throughout Texas. Call us today to schedule your free case review and learn more about getting your medical malpractice case started.