Medical malpractice occurs when a healthcare provider fails to provide proper care, resulting in harm to a patient.
In Texas, there are specific laws that govern medical malpractice cases. If you or a loved one were a victim of medical malpractice, you need a Texas medical malpractice lawyer who understands these laws and how they may affect your case.
What Constitutes Medical Malpractice in Texas?
Medical malpractice in Texas is defined by the Texas Medical Liability Act (TMLA), which states that malpractice occurs when a healthcare provider breaches the standard of care, resulting in injury or death to a patient (Tex. Civ. Prac. & Rem. Code § 74.001).
The standard of care refers to the level of skill, expertise, and care that a reasonably prudent healthcare provider would exercise under similar circumstances.
In other words, if a healthcare provider fails to provide the same level of care that another qualified provider would have provided in a similar situation, and this failure leads to harm or death, Texas law may consider it medical malpractice. This standard applies to all healthcare providers, including doctors, nurses, hospitals, and other medical professionals.
Examples of medical malpractice may include misdiagnosis, delayed diagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent.
To prove medical malpractice, the patient (or their representative) must demonstrate that the healthcare provider's actions or omissions fell below the accepted standard of care and that this deviation directly caused the patient's injuries or death.
Not all negative outcomes in medical treatment constitute malpractice. Sometimes, complications or adverse events can occur even when a healthcare provider follows the appropriate standard of care.
To have a valid medical malpractice claim in Texas, you need evidence that the healthcare provider's negligence or substandard care directly caused the patient's harm (Tex. Civ. Prac. & Rem. Code § 74.001).
Statute of Limitations for Medical Malpractice Claims
The statute of limitations is a crucial aspect of Texas medical malpractice law, as it sets a time limit for filing a claim. According to the Texas Civil Practice and Remedies Code (Tex. Civ. Prac. & Rem. Code § 74.251), you must file a medical malpractice claim within two years of the alleged malpractice incident or the end of the relevant treatment.
This means that if you believe a healthcare provider's negligence harmed you, you have a limited time to take legal action. Failing to file a claim within the two-year window may result in losing the right to pursue compensation for the injuries suffered.
However, there are some exceptions to this general rule. One exception applies to cases involving minors. If the victim of medical malpractice is under the age of 12, the statute of limitations does not begin until the child's 14th birthday (Tex. Civ. Prac. & Rem. Code § 74.251(a)). This extension allows more time for the child's parents or guardians to discover the malpractice and take legal action on their behalf.
Another exception to the two-year statute of limitations is the "discovery rule." This rule applies in situations where the injury caused by medical malpractice was not immediately discoverable.
In such cases, the two-year clock begins when the patient discovers or should have reasonably discovered the injury (Tex. Civ. Prac. & Rem. Code § 74.251(a)). This exception recognizes that some medical malpractice injuries may not be apparent right away and gives patients more time to file a claim once they become aware of the harm caused.
Damage Caps in Texas Medical Malpractice Cases
Texas law places caps on non-economic damages (such as pain and suffering) in medical malpractice cases. The cap is set at $250,000 per healthcare provider, with an overall limit of $750,000 (Tex. Civ. Prac. & Rem. Code § 74.301). However, there is no cap on economic damages, such as medical expenses and lost wages.
Proportionate Responsibility
In Texas medical malpractice cases, the concept of proportionate responsibility plays a significant role in determining the allocation of fault and the amount of damages a patient may recover (Tex. Civ. Prac. & Rem. Code § 33.001). This rule, also known as comparative negligence, acknowledges that in some situations, the patient may have contributed to their own injuries to some degree.
Under the proportionate responsibility rule, if a patient is found to be partially at fault for their injuries, the amount of damages they can recover will be reduced by their percentage of fault. For example, if a jury determines that a healthcare provider is 80% responsible for the patient's injuries and the patient is 20% responsible, the patient's recoverable damages will be reduced by 20%.
However, there is a caveat to this rule. If the patient is found to be more than 50% at fault for their own injuries, they cannot recover any damages from the healthcare provider. This means that if the patient's own negligence or actions are deemed to be the primary cause of their harm, they will be barred from receiving compensation, even if the healthcare provider also bears some responsibility.
It is important to note that the proportionate responsibility rule applies only to the patient's own actions or negligence that contributed to their injuries. It does not apply to the negligence of other healthcare providers or parties involved in the case.
The Importance of Seeking Legal Assistance
If you believe that you or a loved one are a victim of medical malpractice, seek the help of an experienced Texas medical malpractice lawyer. An attorney can explain your rights, gather evidence to support your claim, and fight for the compensation you deserve.
Don't wait to take action if you suspect medical malpractice. Contact a skilled Texas medical malpractice lawyer today to discuss your case and learn more about your legal options. Remember, the statute of limitations for filing a claim is limited, so act quickly to protect your rights and seek the justice you deserve.