What is the statute of limitations on medical malpractice in Texas?
The “statute of limitations” refers to the amount of time you have to file a lawsuit against another party. Every state outlines their own time limit, which can also vary depending on the type of case you are filing. For example, the medical malpractice statute of limitations in Texas is outlined under Texas Civil Practice and Remedies Code § 74.251.
According to this statute, you generally have two years from the date the malpractice occurred or the date you discovered that malpractice to file a lawsuit against the medical professional or facility for your damages. A medical malpractice attorney can help you navigate this deadline and other aspects of the legal process.
The law establishes that malpractice may occur if:
An example of medical malpractice would be if your doctor gave you the incorrect dose of a medication and it caused you additional harm. Medication errors is one of many forms of medical malpractice that could warrant compensation. Others include:
While the statute of limitations is clear that you must file a medical malpractice case within two years in Texas, there are some factors that can affect this deadline:
As you can see, identifying the deadline to file a lawsuit in your case is not always straightforward. Still, it is critical to do so in order to protect your right to sue. Once the legal filing deadline expires, your case will not be heard in court, regardless of how strong it is. For this reason, many medical malpractice victims and surviving family members turn to a law firm for support.
Bringing a medical malpractice case on your own will take up a lot of time and energy that could be better spent on recuperating. In addition, medical malpractice cases are more complex than personal injury cases, which means there are more opportunities for making mistakes that could undermine your claim.
The potential complications surrounding medical malpractice claims suggest that you might be better off with professional help. Instead of heading into the legal process alone, you could reach out to a law firm for support and resources. A medical malpractice attorney can:
While our firm handles these and other tasks in your case, you can concentrate on getting on with your life and recovering from any injury.
Whether you decide to enlist the help of professionals or not, you should keep a careful record of all documentation relevant to your case. For example, list all medical expenses and record the time you spent off work. These are just examples, but keep track of any others that you can associate, as they can help to prove your case.
Residents of Texas can call on the services of the Underwood Law Office. Our team has helped many people in your position recover compensation for their medical care and other damages. We treat all of our clients with friendly professionalism and work tirelessly to advocate for their interests. Our founder, M.
Which element of malpractice is hardest to prove?
Medical malpractice is a legal term when a healthcare professional fails to provide a patient with the appropriate standard of care, resulting in injury or death. To win a medical malpractice lawsuit, the plaintiff must prove four elements.
However, one element is harder to prove than the others. Unless you can demonstrate causation for your injuries, you may have a hard time collecting compensation. Find out how a medical malpractice lawyer in Connecticut can help you prove causation and argue on your behalf through your case.
These four elements are common to every successful medical malpractice case:
- Duty of care
- Breach of duty
- Causation
- Damages
Of these four elements of medical malpractice, causation is often the hardest to prove. It can be difficult to establish that the patient’s injury would not have occurred but for the healthcare professional’s negligence. Several factors can make causation challenging to prove, including:
- Pre-existing conditions
- Other medical interventions
- Patient non-compliance
To prove causation, the plaintiff must typically present expert medical testimony establishing that the healthcare professional’s negligence was a “substantial factor” in causing the patient’s injury. This means that the negligence must have been a significant cause of the injury, but it does not have to be the only cause.
Even if the plaintiff is able to prove causation, they may still not be able to win their case if the damages they suffered are not significant. In most cases, the plaintiff must prove that they have suffered actual damages, such as medical expenses or lost wages. However, in some cases, the plaintiff may be able to recover from “pain and suffering,” which is the emotional and physical distress caused by the injury. This makes it critical to work with a medical malpractice lawyer.
The most common way to prove causation in a medical malpractice case is by using the “but for” test. This test asks the question: “But for” the healthcare professional’s negligence, would the patient have been injured? If the answer is yes, then the negligence was a substantial factor in causing the injury.
For example, let’s say that a patient is admitted to the hospital with a broken leg. The doctor orders a cast, but the cast is not applied correctly. As a result, the patient’s leg does not heal properly, and they develop a permanent limp. In this case, the “but for” test would be satisfied. The patient would not have developed a limp if the cast had been applied correctly.
In some cases, the “but for” test may not be enough to prove causation. This is because the patient’s injury may have been caused by a combination of factors, including the healthcare professional’s negligence and other factors beyond the professional’s control. In these cases, the court may use the material contribution test.
The material contribution test asks whether the healthcare professional’s negligence contributed materially to the patient’s injury? If the answer is yes, then the negligence may be enough to establish causation, even if it was not the only cause of the injury.
Proving causation can be a complex and challenging aspect of a medical malpractice case. It is crucial to work with experienced legal professionals to navigate this process and build a strong case for compensation.
How much are most medical malpractice settlements?
When dealing with medical malpractice, understanding “how much is the average medical malpractice settlement?” is crucial for individuals who have suffered due to medical errors. At The Strom Law Firm in Columbia, SC, we provide committed representation for clients facing personal injury, criminal defense, and complex litigation, including medical malpractice cases. Our experienced legal team is here to help you pursue the compensation you deserve and guide you through every stage of your case.
Medical malpractice settlements can vary greatly depending on multiple factors, including the severity of the injury, the complexity of the case, and the medical professional’s responsibility. According to national statistics, the average medical malpractice settlement is often in the range of $250,000 to $500,000, though significant cases involving life-altering injuries can reach millions. For those in South Carolina, settlements are influenced by state-specific laws and caps on certain damages.
Several critical factors can impact the amount awarded in a medical malpractice settlement:
- Severity of the injury
- Complexity of the case
- Medical professional’s responsibility
Our team at The Strom Law Firm in Columbia, SC, has the experience to ensure clients receive fair compensation for injuries resulting from medical malpractice. We understand the legal nuances involved and are dedicated to offering reliable support throughout the process.
Choosing a “lawyer near me” with experience in medical malpractice cases is essential for building a strong case. The Strom Law Firm has represented many clients in Columbia and throughout South Carolina, bringing justice to those affected by medical negligence. If you’re seeking a trusted medical malpractice attorney in Columbia, SC, reach out to discuss your case with our team.
The average settlement for medical malpractice varies significantly but often falls between $250,000 and $500,000. However, cases involving more severe or permanent injuries can result in higher amounts.
Medical malpractice cases can take several months to a few years, depending on factors like case complexity, court schedules, and the negotiation process.
Yes, pain and suffering damages can be pursued in medical malpractice cases. These non-economic damages account for the emotional and physical toll of medical negligence.
Yes, having a knowledgeable attorney can greatly improve your case’s outcome. They handle the legal complexities and negotiate settlements on your behalf.
Yes, South Carolina has caps on non-economic damages in medical malpractice cases, which can affect the final settlement amount.
According to South Carolina laws, medical malpractice is defined as “doing that which the reasonably prudent health care provider or health care institution would not do, or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”
It can occur in many ways, with the most common examples being:
- Failure to diagnose
- Surgical errors
- Medication errors
- Birth injuries
What is the best defense against medical malpractice?
FOR EXAMPLE, IN DEFENSE OF A NEGLIGENCE CLAIM, A DOCTOR MAY ARGUE THAT:
Their care was in line with the standard of care upheld in the medical profession.
The patient’s injuries were not the result of a medical error.
The healthcare provider was not the cause of the patient’s injuries.
What is the most common malpractice claim?
Medical malpractice occurs when a healthcare professional does not provide appropriate care for a patient. All healthcare workers are expected to follow generally accepted medical practices when treating patients for illnesses or injuries. Failure to perform their duties properly could result in serious injuries and a medical malpractice claim.
The most common medical malpractice claims include misdiagnosis, childbirth injuries, medication errors, and surgical errors. However, any situation where a medical professional’s negligence injures a patient could warrant a medical malpractice claim.
Expert testimony is a critical component in medical malpractice cases, helping to establish whether the healthcare provider’s actions deviated from accepted medical standards. These experts, typically experienced medical professionals, review the case details, examine medical records, and provide an informed opinion on the standard of care that should have been provided. Their testimony can clarify complex medical issues for the court, demonstrating how the defendant’s negligence directly caused the patient’s injuries. Effective expert testimony often strengthens the plaintiff’s case, making it a pivotal element in pursuing justice and compensation.
Misdiagnosis is the basis for a large number of medical malpractice claims. Doctors can misdiagnose a condition if they confuse it for a different illness. Misdiagnosis by healthcare professionals could result in:
- Delayed treatment
- Unnecessary treatment
- Worsening of the actual condition
In some cases, doctors fail to diagnose a medical condition altogether. They could tell a patient that they are healthy, when in fact they are facing a serious medical condition. As stated above, this allows a medical condition to worsen in many cases.
While it rarely happens, some doctors fail to diagnose some cancers, especially those developing slowly without significant symptoms, like non-Hodgkin’s lymphoma. As any Roundup lawyer could tell you, this type of cancer could go undiagnosed or misdiagnosed for five to ten years, while the Roundup lawsuit statute of limitations is two or three years. Such cases become extremely complicated when doctors fail to diagnose NHL in patients exposed to the weed killer Roundup, as victims miss the opportunity to recover damages from the at-fault party. It is always a good idea to discuss your situation with a law firm experienced in medical malpractice and defective products to understand your options.
Childbirth is often a difficult process, even if everything goes correctly. Both the mother and child could be placed at high levels of risk if doctors engage in negligent behavior. Sometimes, medical malpractice occurs if:
- Doctors fail to monitor the mother or baby adequately during the birthing process
- Doctors fail to recognize signs of distress in the mother or baby
In some situations, doctors do not appropriately diagnose a medical condition experienced by the mother or child, resulting in injuries during childbirth. Some of the most common birth injuries caused by medical malpractice include:
- Cerebral palsy
- Erb’s palsy
- Brain damage