If you believe you’ve been the victim of medical malpractice at the hands of the medical professional you entrusted with your care, you may be able to bring a medical malpractice claim against them in civil court. Doing so can enable you to achieve full compensation for your losses if your case is successful.
However, before you make the decision to embark on the civil claims path, there are certain laws in Texas that you should keep in mind that apply to medical malpractice claims. Read on to learn more about how negligence is established in medical malpractice claims, how long you’ll have to file your claim, and any caps their might be on the total amount you can recover.
Establishing Negligence in Medical Malpractice Claims
To prove negligence on the part of a healthcare professional, the attorney representing your case will make use of an expert’s testimony in regards to the actions of the medical professional in question. The goal will be to establish that the caregiver acted in a way that a similar professional of the same education, training, and experience would not have made.
For example, if you suffered a serious infection after your surgeon left a sponge in your body cavity, your attorney would be able to prove negligence, as any other reasonable surgeon would have done proper counts of their instruments following the surgery and would have caught such a mistake prior to you suffering further injuries.
File Your Claim Within the Statute of Limitations
It is critical that you file your medical malpractice claim before the statute of limitations runs out in your case. In Texas, you will have two years from the date the incident occurred to file your claim. If you were receiving ongoing treatment and once treatment has finished you realize that you’ve suffered further injury due to an error on your caregivers part, then the clock will start running from the date that treatment ended.
Also, if your child has been a victim of medical malpractice and is under 12 years of age, you will have until the child’s 14th birthday to file your claim before the statute of limitations runs out. However, failure to file your lawsuit before time runs out will result in you being barred from pursuing the compensation you are otherwise entitled to.
What You Should Know About Caps on Damages
Although you’ll be able to get every single economic damage covered by the negligent medical professional in your case, there are caps on the non-economic damages that you’ll be able to recover.
These damages would include your pain and suffering, loss of enjoyment of life, emotional distress, loss of companionship and love, the effects of disfigurement and the loss of household services, among others. The cap if your claim is against a single physician or institution is $250,000. If your claim is going to be against multiple physicians or institutions, your cap will be $500,000 per claimant.
Discuss Your Case with a Seasoned Texas Medical Malpractice Lawyer
When you’re ready to move forward with your claim, it’s important that you get in touch with an attorney. Many Texas medical malpractice law firms will offer their prospective clients a free case review to discuss your case so that they can give you a better idea of what you should expect should you choose to proceed.
Take advantage of this opportunity and start working on your claim right away- you’ll be one step closer to obtaining the compensation you deserve if you do.