If your health care provider’s negligence injured you or someone you love, you have a limited amount of time to file a medical malpractice lawsuit against them. In general, you have two years to comply with the statute of limitations for medical malpractice cases in Texas. If you do not file your lawsuit before the statute expires, you may not be permitted to file it at all.
In medical malpractice cases, the statutory clock starts on the date the injury occurred or was discovered. It can be difficult to pinpoint the exact date of a medical error or mishap. If this is the case with your injury, a lawyer in your area can help. His familiarity with state and local law as well as medical malpractice cases means he can conduct a thorough investigation and help you build a strong case file.
How Texas Defines Medical Malpractice
Texas law uses the term health care liability to describe medical malpractice. It is defined as any deviation from the reasonable and acceptable standard of medical care. This standard typically means a health care provider must take the same actions a peer with similar education, training, and experience would have made.
Every injury you suffer in a medical setting will not meet the state’s definition of malpractice. The best way to understand whether or not you have a potential case for financial recovery is by speaking to medical malpractice law firm. Most will offer a free case evaluation.
Types of Medical Malpractice Cases
Medical errors or mishaps cover a wide range of things and events. When they occur, they can affect people differently. A medical malpractice attorney will explain the types of injuries and outcomes that may constitute malpractice. These can include:
- Failure to treat
- Improper diagnosis
- Improper follow-up care
- Prescription drug errors
- Substandard medical care
If your health suffered due to a misdiagnosis, missed diagnosis, or surgical error, a lawyer can help you start preparing a case and fighting for the recovery you are entitled to receive.
Evidence that Proves Medical Malpractice
During your evaluation, a law firm’s team member will ask you questions that draw out details of your medical injury, the facility where you received treatment, and the potential costs of your recovery. Your lawyer will collect evidence, including testimonials from witnesses, medical peers, and experts. They will also request your previous and current medical records. These will help your lawyer prove the negligent health care provider:
- Owed you a duty of care
- Did not live up to their responsibility
- Caused your physical injuries
You will also have to prove the at-fault party caused your financial damages. Your medical bills, written prognosis, proof of income, and other documents can help complete your evidence file and drive settlement negotiations.
Your Case Will Require a Certificate of Merit
Your word alone is not enough to substantiate your medical malpractice case. Texas also requires an accompanying Certificate of Merit. This certificate is an expert’s agreement that the care you received did not meet the required standard. According to Texas law, it must:
- Be signed and submitted by a peer medical professional (for example, a cardiologist cannot affirm your injuries caused by a neurosurgeon)
- Be prepared by a medical peer who personally and thoroughly reviewed your case
- Contain the medical peer’s agreement that your case is valid and has merit
You do not have to secure this complex document on your own. Your lawyer can help you identify an appropriate expert, ensure your Certificate of Merit has all the required elements, and ensure it is filed on time.
Medical Malpractice Damages
When you trust a medical provider with your health, you also trust their training and experience. Recovering from a medical error can be a long and arduous process. It can also be emotionally traumatizing. When you seek monetary recovery, you can request damages for:
- Current and future medical bills
- Physical pain and suffering
- Current and future lost wages
- Mental and emotional trauma
A personal injury lawyer will assess your damages and help you create a list of injury and injury-related expenses. He will also help you collect evidence that proves the value of each requested damage. Your lawyer will compile and organize your evidence and submit it to the at-fault party or their insurer.
Get a Free Medical Malpractice Consultation
If you were injured by the negligence of a health care provider or facility, we can help you assign liability to the at-fault party. Our legal team can also review the statute of limitations for medical malpractice cases in Texas with you and explain the importance of compliance. Find out how else we can help you fight for monetary recovery by calling one of our D. Miller & Associates, PLLC™ team members at (713) 850-8600 today.
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