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Doctor Malpractice Lawyers
Doctors have a duty to deliver ethical and responsible medical treatment to their patients. To allow patients to hold them accountable for the services they give, medical negligence or medical malpractice laws exist.
Failure to diagnose, performing operations without consent, misreading x-rays, medication mistakes, failure to advise patients of the risks or side effects of treatment, and other actions or inaction are all possible causes for a patient to file a medical malpractice claim. A doctor may be held responsible if he or she does not exercise adequate care and caution for a patient.
When you have been the victim of medical malpractice, you are undoubtedly apprehensive. Our firm Texas Personal Injury Lawyers is not afraid to fight doctors for the injuries they’ve caused you because we understand how traumatic it may be. You may talk with our lawyers about your legal choices as soon on as you call us for a free and confidential consultation.
How Do I Know If I Have A Doctor Malpractice Case?
Our Doctor malpractice Lawyers at Texas Personal Injury Lawyers want to assist you in determining whether you or a loved one has a viable doctor malpractice claim. There are several elements to establishing a medical malpractice case, including:
Duty Of Care
— Doctors must follow accepted medical standards of practice while practicing medicine.
Breach Of Duty
— A doctor must have failed in their duty of care by failing to act in a manner consistent with how other doctors would have handled the situation in order to be considered medical malpractice.
— This entails that the doctor caused personal harm due to a medical mistake or poor medical care.
— A successful doctor malpractice claim must show that the injuries caused economic or non-economic damage. Personal injury damages might include medical costs, missed income, lost time at work, pain and suffering, and loss of consortium.
Establishing Doctor Malpractice Liability
It’s vital to remember that not every medical mistake or injury results in a doctor malpractice lawsuit in Texas. Some illnesses and conditions might be more frequent, while others have no cure.
However, if a patient is injured while receiving medical treatment, a malpractice lawsuit might be an option to obtain compensation if liability can be established. Doctor malpractice claims are one of the more time-consuming and expensive types of personal injury lawsuits. To construct a strong case, you’ll need an in-depth investigation, a collaborative effort, and excellent legal talent.
Choosing an experienced doctor malpractice lawyer in Texas to represent you will be the most crucial initial step in recovering damages and obtaining successful outcomes. Our team of skilled doctor malpractice lawyers will fight for you every step of the way.
Why Do I Need A Doctor Malpractice Lawyer?
Texas Personal Injury Lawyers is a personal injury law firm with a staff of attorneys who are skilled in doctor malpractice claims. Our lawyers want to assist you in navigating the intricacies of a doctor malpractice case by:
- determining if you have a claim
- helping you collect the evidence and medical records you need for your case
- determining the potential value of your claim
- identifying the potentially liable parties
- questioning expert witnesses
- helping you understand the relevant laws and your rights
- handling the complicated process of filing the claim and taking it to court, if needed
What Is The Statute Of Limitations For A Texas Doctor Malpractice Claim?
General Rule – Two Year Statute Of Limitations
In general, a doctor malpractice claim in Texas has a two-year statute of limitations. This means that if a medical malpractice action is not filed within two years after the negligent act or omission occurs, it will be barred by the statute of limitations and cannot be brought.
There are a few exceptions to the two-year statute of limitations for doctor malpractice claims in Texas. The legislation on statute of limitations, however, is complicated, so it’s always best to seek advice from a qualified doctor malpractice lawyer about the right statute of limitations for your situation.
Injured Party Is A Minor
The law of limitations for minors, like many aspects of the legal system, is complex and, in some cases, unresolved. A minor in Texas has until age 14 to bring a doctor malpractice claim under state law. The Texas Supreme Court ruled in Weiner v. Wasson that the previous medical malpractice law, which prohibited minors under age 20 from bringing a lawsuit, was unconstitutional. However, the Texas Supreme Court has not ruled on the constitutionality of the current statutory provision, which—like its predecessor—provides minors until age 14.
Furthermore, according to Texas law, a claim for medical expenses incurred by a minor before he or she hits age 18 belongs to the minor’s parents. This claim, which could be substantial, is subject to the usual two-year statute of limitations. Texas also has a ten-year statute of repose for medical malpractice claims, which is designed to be a full bar on all medical malpractice claims that occurred more than 10 years before they were filed. So, as with all Texas medical malpractice claims, it is usually best and safest to consult a qualified doctor malpractice lawyer as soon as possible about a minor’s potential claim.
When A Doctor Is A Government Employee
In Texas, as in any other state, individuals bringing claims against government workers are required to notify the authorities of their allegations within six months after the incident occurred. Because many Texas hospitals and clinics are owned by the government, doctor malpractice claims filed against one of their employees must be notified of the claim in a timely manner after the negligence was made.
Doctor Negligence Not Discovered Until After Statute Of Limitations Has Run
In exceptional cases, if an injured person discovers his or her injuries after the two-year statute of limitations has expired, he or she may be able to file a doctor malpractice lawsuit within a “reasonable time” after discovering the mistake under the Open Courts provision of the Texas Constitution. The criteria for determining a “reasonable time” have been widely varied. As a result, if you detect an injury as a result of doctor negligence after the two-year statute of limitations has passed, you must file your claim right away. If you discover your injuries before your two-year statute of limitations expires, even if it is only a few days before it expires, the Open Courts provision does not apply.
Continuing Course Of Treatment
If the doctor treated the victim over an extended period of time, the injured party might claim that the two-year statute of limitations began running around the middle of treatment rather than at the start. However, the cases on this topic are very varied and fact-specific, therefore if a claim can be filed within two years of the start of treatment, it is strongly advised.
Tolling The Statute Of Limitations By Giving Notice
A victim can toll the statute of limitations for doctor malpractice by 75 days by submitting a notice letter to the negligent doctor within two years after the incident. The tolling provision applies if the notice is given in accordance with Chapter 74 of the Texas Civil Procedure and Remedies Code.
Texas Statute Of Repose
The legal basis for Texas’s 10-year statute of repose in medical malpractice cases is found in the state’s medical liability law. Any doctor malpractice claim filed more than ten years after the negligent act or omission took place is prohibited by the statute. This bar, if it exists, is likely to be more powerful than any of the exceptions mentioned above.
The legal provisions relating to the statute of limitations for Texas medical malpractice claims are intricate as previously stated. To ensure that any time constraints on your claim are met, it is usually best to consult a competent medical malpractice lawyer as soon as possible.
You Need A Personal Injury Attorney That Specializes In Doctor Malpractice Lawsuits
Texas Personal Injury Lawyers is here to assist you! We are a people-oriented firm that takes a personal interest in each client. As a result, our staff relates to each client on an individual basis and is passionate about the outcomes. We do not consider our clients to be “cases.” Our primary goal is to assist individuals who have been affected by the conduct of doctors and achieve favorable results on their behalf.
Call Texas Personal Injury Lawyers To Learn More About How Our Doctor Malpractice Lawyer Can Help You With Your Case
We can’t change the fact that you have been injured or lost a loved one as a result of a doctor’s negligence. We can, however, assist you in obtaining compensation to help you cope with your loss and go on with your life.
If you or a member of your family has been injured as a result of a doctor’s malpractice, please contact our office at (888) 997-2148 to schedule a free consultation. Please be advised that we work on a contingency fee basis, which means you will not pay anything unless we win compensation for your case.