A recent study released by Johns Hopkins Medicine estimated that there could be more than 250,000 Americans that die each year from a medical error. If that number is compared with the Center for Disease Control and Prevention’s (CDC) official list from 2014, medical errors would rank as the third leading cause of death. Oftentimes, medical malpractice occurs when a medical professional is overworked, under-educated, or too rushed. Medical malpractice injuries can be devastating. They can often leave the victim or family overwhelmed and unsure where to begin.
A medical malpractice lawsuit occurs when a medical professional harms a patient through negligence, omission, or an intentional act. A doctor or medical professional must provide the level of care or treatment that a reasonable and prudent doctor would have in a similar situation based on the known medical needs of a patient. If a doctor fails to provide that level of care, they may be held liable. Generally, in order to successfully pursue a medical malpractice lawsuit, the following facts must be present:
The laws in Texas establishing who can file a claim for medical malpractice are complicated. The type of claim that is filed will depend on a variety of factors such as the condition of the victim, any potential claimants, and whether there is any will or estate established. If the victim is still alive, the following claims may be made:
If the medical malpractice victim is deceased, the following claims may be brought:
While a situation may seem straightforward, it is important to have by an experienced attorney examine all of the facts to decide and determine which type of claim should be brought and who should be involved.
Any medical malpractice claim must be filed within a certain amount of time of the injury or death. In Texas, the statute of limitations is generally 2 years from the date of the incident, however, the statute may vary depending on where the incident occurred or when the injury was discovered. While most cases follow this rule, the facts of each case are different and there are exceptions. The best way to determine the statute of limitations is to consult with an experienced attorney.
Medical malpractice in any form can be devastating. While each and every case is unique, some of the common forms of medical malpractice cases that we handle are:
Medical Malpractice occurs in a variety of forms. While the list above includes some of the most common examples, it is not extensive. If you believe you or a loved one has suffered a severe injury due to medical malpractice, contact an experienced medical malpractice attorney to discuss your options.
There are a variety of damages that may be recovered. In Texas, there is a cap of $250,000 for non-economic damages (or damages that you cannot put a specific price on). Some examples of economic damages that may be recovered are:
Some examples of non-economic damages that may be recovered include:
If you or a loved one have suffered a severe medical malpractice injury, contact an experienced attorney today. The attorneys at Powers Taylor have experience will all types of medical malpractice cases. Contact Powers Taylor today for a free consultation.