Medical malpractice or medical negligence happens when a doctor violates the standard of care while treating a patient, leading to an injury or the death of the patient. Malpractice results when there is failure to diagnose or the doctor makes the wrong diagnosis, renders inappropriate treatment or delays in giving treatment.
With the help of a good medical malpractice lawyer, an injured patient can claim medical malpractice compensation against a licensed doctor, medical counselor, psychologist or psychotherapist. In Texas, the non-economic damage limits are up to $250,000 for all health care providers. For any single health care center, the total liability is up to $250,000. For all defendant health care centers, the total liability is up to $500,000. Thus, the overall damages are capped at $750,000.
Notable malpractice lawsuit information.
The collateral source rule states that the defendant cannot attempt to cut down on its liability by producing evidence that the plaintiff obtained compensation from other sources. It may be from insurance or any other source.
It is necessary that the medical expert witness be a licensed doctor practicing medicine and harboring knowledge of medical standards relevant to the claim made by the plaintiff.
The joint and several liability rule states that where there are multiple defendants responsible for the injury of a patient, each one of them is individually liable for the whole amount of verdict. If any of the defendants are unable to compensate, the other defendant(s) have to pay the complete amount.
The statute of limitations for filing a claim for medical malpractice damages is two years from the date of the wrongful act. The actions should start within two years and not later than ten years. For injuries to minor patients below 12 years of age, the lawsuit must begin by the minor’s 14th birthday.
Medical malpractice in Texas.
In Texas, there is no limit on the fees of a medical malpractice lawyer. It’s important to choose attorneys from a reputable medical malpractice law firm, as these cases are highly technical. Besides, the lawsuits are strongly defended by defense firms that are adequately funded. So, the plaintiff is going to have a hard time proving that the doctor in question was really careless in carrying out his or her medical duties.
Generally, physician malpractice cases prove to be a costly affair. In addition to this, if you hire an inexperienced lawyer, there are chances that he or she might make a technical error. In order to take up such cases, the lawyer must be well-versed with the medical issues in question.
Our malpractice law firm has extensive experience with medical malpractice cases in Texas, as well as around the country. If you feel that you need the help of attorney, please, contact us today for your free case evaluation.