When Care Fails: A Look into Medical Malpractice and Patient Advocacy

We place great faith in healthcare providers and medical professionals when our health is at risk. Their expertise and authority provide us with peace of mind. However, if we discover that a trusted healthcare provider was negligent in performing his or her duties, our world can be turned upside-down.

You may find that the many financial challenges that present themselves after medical malpractice may create the need for you to sue a negligent provider for medical malpractice. To navigate the complex legal system, you will doubtlessly require the services of a seasoned attorney in this situation. In Texas, filing a medical malpractice lawsuit is subject to certain regulations, which you should know about before starting.

How to File a Texas Medical Malpractice Claim

Medical malpractice litigation may be filed for "treatment, a lack of treatment, or other alleged deviation from widely accepted care standards," resulting in a patient's injury or death in Texas. Keep in mind that a victim or their lawyer must demonstrate that a healthcare provider's negligence caused this harm.

Theoretically, a patient could sustain an injury at any time during their treatment, but only an injury resulting directly from negligence falls within the realm of medical malpractice. Texas requires a "willful and wanton" departure from the standard of medical care owed to the patient to constitute negligence.

The state of Texas also defines negligence as a deliberate act (or omission of information) that entails an extreme risk of damage to others, of which the perpetrator was aware and proceeded anyway, demonstrating "conscious indifference to the rights, safety, or welfare of others." Obviously, the standard of care will vary depending on the healthcare professional's area of practice.

Statute of Limitations For Medical Malpractice in Texas

Prior to submitting a claim, you must ensure you have the legal authority to do so. The state of Texas imposes a statute of limitations on medical malpractice lawsuits, including filing deadlines.

A claim must be submitted within two years of the malpractice incident or hospitalization episode during which malpractice occurred. Claimants have ten years to file a lawsuit if the injury caused by medical negligence is not immediately obvious or perceptible. Unfortunately, a claim cannot be filed if the injury is not discovered within ten years of the act of malfeasance.

If you determine that you are still eligible to file a claim, you must notify each physician and healthcare provider in writing at least 60 days prior to submitting the claim. All parties involved are entitled to receive the claimant's medical records within 45 days of their request. Within 45 days of filing, you must also provide the defendant or their counsel with detailed responses to the standard set of demands.

Liability in Medical Malpractice Cases

Under Texas law, healthcare organizations and practitioners may be held responsible for damages suffered by patients as a result of medical malfeasance.

An individual, partnership, professional organization, corporation, facility, or establishment is considered a healthcare provider in the state of Texas if it possesses a valid license, certification, registration, or authorization from the state to practice the occupation of providing medical treatment.

On the other hand, Texas is one of about 20 or so states that abides by the bar rule of 51%. This means that the person who was wounded cannot collect damages if they are accountable for their injuries to any degree greater than 51%. In the event that the court finds that you were at least partially responsible for your injuries, you will not be eligible to receive recompense.

If you contributed to your injuries in any manner that exceeded 51%, you would not be able to collect penalties for those injuries. Of course, if you were somehow partially responsible for your injuries, the percentage of fault placed on the healthcare practitioner in Texas should be proportionate to the reimbursement you receive.

Settling Texas Medical Malpractice Cases

Although Texas does not require the use of a pretrial screening panel or arbitrator, the state legislature has authorized counties to utilize alternative dispute resolution methods and systems.

Under Texas law, a physician may not ask a patient to arbitrate (resolve a claim outside of court) unless there is a written, conspicuous agreement with standard (not fine) print. Such an agreement would state explicitly that the patient is relinquishing significant legal rights, including the right to a jury trial, and would require the patient's attorney's signature to be valid.

Filing a Medical Malpractice Claim in Texas

At least 60 days prior to initiating a claim in a Texas medical malpractice case, you must notify the defendants in writing of your intent to file a claim. Before releasing your protected health information, the notice must include a signed authorization form. The defendants will have 45 days to obtain the health records authorized by the release form. All legal proceedings will be halted if the authorization form is not filled out.

After the written notice and the defendant's response have been lodged with the appropriate courts, the parties may initiate the discovery process. Discovery is a procedure designed to facilitate the exchange of information between the parties to a litigation, thereby preparing them for the trial.

Contact Rasansky Law Firm in Dallas

Medical malpractice, including in and around Dallas, is a regrettable aspect of the American healthcare system. The statistics on malpractice are alarming. According to one study, more than 250,000 Americans perish annually due to medical errors or negligence; most of these cases go unreported and unresolved.

You must contact a Dallas medical malpractice attorney immediately if you are coping with the aftermath of a medical malpractice-related accident. You may qualify for compensation to offset impending financial obligations. The attorneys at Rasansky Law Firm have more than three decades of experience assisting victims of accidents caused by reckless and negligent drivers in moving on with their lives.

Our team of well-respected attorneys provides our clients with competent and trustworthy legal counsel. We are available immediately to investigate the particulars of your accident and assess your legal options. If you have been injured in Texas due to medical malpractice and have concerns about your legal options, don't hesitate to get in touch with our attorneys at (214) 651-6100 for a free evaluation of your case.