Texas Injury Lawyer Discusses Medical Malpractice Cases, Laws and Limits

Hospitals and academic institutions report that medical mistakes are the leading cause of accidental deaths in the United States. Under Texas law, a medical malpractice cases are referred to as a Health Care Liability Claims and occur when a physician or health care provider departed from the accepted medical standards and caused injury or death.      

Common Medical Malpractice Scenarios

• Careless use of the scalpel during routine surgery
• Mixing up lab results causing improper diagnosis
• Failure to disclose known side effects
• Faulty medical equipment
• Improper medicine doses

Texas law describes a Health Care Liability Claim as a cause of action against a physician or health care provider for treatment or lack of treatment, or other claimed departure from accepted medical standards, or departure from a safety protocol, process of care, whether administrative or professional. This broad definition captures nearly all fact patterns that occur in a medical setting. However, two scenarios are generally not considered medical negligence claims—sexual assault in a medical setting and slip in fall injuries that occur in common areas unrelated to medical care. (If you are a victim of one of these two scenarios, please contact us as our personal injury lawyers have extensive knowledge working with and representing victims of both sexual assault and slip and fall negligence).  

What Is Needed For A Successful Medical Malpractice Recovery in Texas?

Although medical accidents occur frequently, many go without investigation and fewer rise to the level of a successful medical malpractice lawsuit. Texas law provides many protections for physicians and health care providers but two are overwhelmingly prohibitory to a successful recovery for medical malpractice victims.

First, Texas law imposes a medical report requirement on plaintiffs in medical malpractice cases that gives health care defendants a strong advantage early in the lawsuit. The law states, generally, that plaintiffs must produce a detailed, comprehensive medical report that shows how the health care defendants performed medical malpractice. This expert report must be provided within four months of initiating the lawsuit, creating an unfair barrier to the plaintiffs because this expert report must be created before the plaintiff has the opportunity to conduct discovery—the legal process for gathering evidence.   

Second, Texas law restricts a victim’s medical malpractice recovery. This law limits a victim’s non-economic damages to $250,000 or $500,000 in some cases. Non-economic damages can often be the largest damage category in personal injury lawsuits as this includes: pain and suffering, physical impairments, mental anguish, and physical disfigurement.

One important note regarding the statutory damage cap is that it applies differently to medical negligence cases resulting in wrongful death as the statute allows the limit to be adjusted for inflation resulting in a larger recovery.

These two restrictions to medical malpractice lawsuits negatively affect injury victims because overcoming the report requirement can be very costly and significantly reduce the amount the plaintiff receives. Because of the legal and economic challenges, wise Texas medical malpractice lawyers only accept cases with clear negligence, clear causation, major damages, and a sympathetic client.

Common Defenses In Texas Medical Malpractice Cases

Some common defenses made by medical doctors and facilities are that the doctor used his best judgement under the circumstances, the decision was made in real time not with the benefit of hindsight, bad results are not on their own a basis of negligence, the harm was a known and risks were disclosed to the patient, the patient had bad lifestyle choices, and the patient did not provide accurate information to their medical provider.

Birth Injuries And Medical Malpractice Lawsuits

Many different factors can cause injury or death to a child in their mother’s womb. Science proves babies in the womb feel pain. Unfortunately, many injuries are the result of human negligence and are accurately described as medical negligence or malpractice. Texas law allows children born alive to bring a medical malpractice lawsuit as the law determines the babies are patients.

Common Birth Injury Scenarios                       

Children that are fatally injured in the womb, however, do not have the right to bring a medical malpractice lawsuit. Texas law provides mothers the legal right to sue for personal injury damages in some birth injury scenarios. The aggrieved mother has a claim for mental anguish damages for losing the child. Texas law does not allow the father to assert a bystander claim in this situation. Some common birth injury scenarios include:

• Failure to treat or identify infection in the mother or baby
• Failure to properly monitor the mother or baby before or after birth
• Improperly administrating medications
• Careless use of medical equipment during birth
• Excessive force used to deliver the baby

Texas Personal Injury Lawyers Fighting For Texas Size Justice

Meagan and Holland DeKeyzer are Texas Made Lawyers fighting for Texas Size Justice. The DeKeyzer Law Firm has been representing injury victims and their families since 2013. DeKeyzer Law Firm has over twenty years of combined personal injury litigation experience. We accept vehicle accident cases, personal injury cases, and wrongful death matters on a contingency agreement meaning you only pay attorney’s fees when we win the case. We offer free case consultations so call DeKeyzer Law at (713) 904-4004 anytime.