How to File a Texas Medical Malpractice Claim

The people who work in healthcare have a sterling reputation for honesty and integrity. Every day, these heroes in the medical field treat patients with terminal illnesses and perform groundbreaking procedures that save the lives of their loved ones.

However, the medical industry is not perfect. Hundreds of individuals lose their lives annually as a result of errors made by medical professionals.

But afterward, how do you go about filing a medical malpractice claim in Texas? Keep reading to find out what choices you have. Also, contact a lawyer immediately if medical negligence has affected your life in Texas.

Proving Medical Malpractice

Medical malpractice in the United States isn't uncommon. It happens more frequently and with less notice than we might think. While some unexpected outcomes may indicate medical negligence, this is not always the case.

What evidence must be presented to prove medical negligence? Patients who have been harmed by substandard care in Texas must prove that an injury occurred due to medical carelessness.

On top of this, they must prove that a duty of care, such as between a doctor and a patient, must exist. Finally, the "negligence" of the attending physician or healthcare institution and the attendant violation of this duty.

Classifications of Texas Medical Negligence

Meanwhile, in the state of Texas, the three most common forms of medical malpractice lawsuits are:

1. When a doctor incorrectly or inadequately diagnoses a patient's condition, this becomes a kind of medical malpractice.
2. Inadequate care from a medical professional; this is medical negligence. The doctor made a mistake that no other competent physician would have made.
3. Disregard for potential harm: Finally, omitting to warn a patient of possible risks is considered medical malpractice. There is always a danger that anything might go wrong with any kind of medical procedure. Medical malpractice occurs when a doctor begins therapy without first obtaining the patient's informed consent after discussing the benefits and risks of the procedure.

Reporting Medical Misconduct in Texas

Medical malpractice suits are filed in Texas when "treatment, a lack of treatment, or other alleged deviation from widely accepted care standards" causes injury or death to a patient.

Keep in mind that the injured party or their legal representative must prove that the healthcare provider's negligence caused their injuries. Even though harm to patients is theoretically possible at any stage of treatment, the only harm that can be traced back to practitioner negligence can be considered malpractice.

A "willful and wanton" departure from the standard of medical care due to the patient constitutes negligence in the state of Texas. Negligence is defined as "conscious indifference to the rights, safety, or welfare of others" in the state of Texas and occurs when a person intentionally performs an action (or fails to disclose information) that puts others at severe risk.

Negligence in Health Care and Legal Remedies in Texas

Patients in Texas may sue doctors, hospitals, and other medical establishments for medical negligence. Anyone who is certified, registered, or authorized by the state to provide healthcare in Texas is considered a healthcare provider. This includes individuals, businesses, and other organizations.

However, Texas is one of a few jurisdictions that use the 51% bar criteria. If the wounded individual is even somewhat to blame for their condition, they cannot file a claim for compensation.

Other than that, in Texas, the amount of compensation you get must correspond to the degree to which you were at fault for your injuries. If the court determines that you are 30 percent at fault and the entire settlement is $200,000, you will get 140,000 dollars.

Resolving Medical Malpractice Claims in Texas

The Texas legislature has authorized counties to deploy pretrial screening panels and arbitrators if they so wish. Arbitration (out-of-court conflict resolution) is legal in Texas, but only if all parties sign a written, properly expressed agreement.

A waiver of significant legal rights, such as the right to a jury trial, requires the patient to be represented by legal counsel in order to be legally binding.

In Texas, you need to provide 60 days written notice to the defendants before filing a medical malpractice lawsuit. A signed permission form is required along with the notification before any release of protected health information may occur.

In order to get the defendants' medical records, the plaintiffs had 45 days from the day the release form was signed. There can be no further judicial proceedings until all material is submitted. Once the written notice and the defendant's response have been filed with the appropriate courts, the discovery process can begin. By sharing pertinent information, the parties in a dispute may better prepare for trial, which is why discovery is conducted.

Contact the Rasansky Law Firm in Dallas

Malpractice rates, sadly, may sometimes be quite high. Medical errors and incompetence claim the lives of over 250,000 Americans annually, yet the great majority of these cases are never reported or addressed.

You should contact a Dallas medical malpractice attorney without delay if you are dealing with the aftermath of an accident caused by medical negligence. You may be entitled to financial support for things like medical expenses (past and future), pain and suffering, and more.

The experienced lawyers at Rasansky Law Firm have spent decades fighting for the rights of those harmed by medical mistakes. The finest possible representation for our clients is a top priority for our highly skilled and experienced legal team.

We can work on your case immediately to determine what occurred and explore your legal options at this trying time. Call our office at (214) 651-6100 if you or a loved one has been harmed in Texas due to medical malpractice and you have concerns about your legal rights.