Doctors, nurses, and other hospital staff are highly trained professionals we trust with our health and even our lives. But, this doesn’t mean mistakes are not sometimes made. If you suspect that you have suffered from an error by a medical professional, here are some things you should know:
- Medical malpractice happens when a patient is harmed by a healthcare professional during the course of treatment. In order to justify a medical malpractice claim, you must prove negligence. Negligence is when a medical professional fails their duty of care. Duty of care means that the healthcare worker has an obligation to treat you by generally accepted medical practices. For instance, if a doctor fails to treat an infection with appropriate antibiotics, they have violated their duty of care. Other examples could include misdiagnosis of illness or an error while performing surgery.
- Medical malpractice suits are governed by a strict statute of limitations. In Texas, you have two years from the date of the incident to file a claim. If the exact date of the incident can’t be determined, the statute of limitations is two years from the time the medical professional finishes treating you. In certain cases, however, Texas has a statute of repose that allows the plaintiff 10 years from the time of incident to file a claim.
- There is a cap on how much in damages you can claim from a medical malpractice suit in Texas. For non-economic damages, the cap is $250,000 per individual healthcare provider. There is also a cap of $250,000 per hospital, making the total cap in non-economic damages $500,000.
Because medical malpractice claims are so complex, it’s important you consult a lawyer who is experienced in that area. The attorneys at Brown Trial Firm, PLLC have that experience. Contact them by calling (866) 393-2611.