Legal Process for Medical Malpractice Claims in Texas
When you go to a hospital or clinic, you are at your most vulnerable state while your health is in the hands of healthcare providers who treat you. We place too much trust in doctors and other medical professionals and some of us eventually end up regretting it. But we get it—when seeking medical attention, the last thing you expect is to suffer harm from the doctor's care.
Unfortunately, medical malpractice is a thing, and it’s more common than most people think. But do you really know what filing a medical malpractice claim entails? If you have been harmed due to a medical mistake, knowing what to do next to pursue the compensation and justice you deserve can make your life a lot easier. Our Odessa medical malpractice attorney at The Law Office of Steve Brannan can walk you through the legal process for med-mal claims in Texas and help you overcome any obstacles you might face on your road to recovery.
What Constitutes Medical Malpractice Under Texas Law?
Medical malpractice is when a doctor or another healthcare professional fails to provide the accepted standards of care and this results in harm to a patient. Under Texas law, this means proving that the provider acted negligently compared to how another qualified provider would have acted under similar circumstances.
Common examples include:
Misdiagnosis
Surgical errors
Improper treatment
Medication mistakes
The burden of proof lies with the plaintiff, who must demonstrate not only that a breach of standard care occurred but also that this breach directly resulted in injury or harm. Texas law requires an affidavit of merit—an expert report from a qualified medical professional—within 120 days of filing the claim to substantiate the allegations.
When Can You Sue for Medical Mistakes in Texas?
You can sue for medical mistakes in Texas when a healthcare provider's negligence directly causes injury or harm. However, it’s important to note that proving negligence involves establishing four key elements:
Duty of care: You must demonstrate that the healthcare provider owed you a duty of care, which is typical in a provider-patient relationship.
Breach: You need to prove that the provider breached this duty by failing to adhere to the accepted medical practices.
Causation: You must show that this breach directly led to your injuries.
Damages: You must provide evidence of actual damages, such as medical bills, loss of income, pain and suffering, and others.
If you aren’t sure if you have a case, consider speaking with a medical malpractice attorney and discuss your situation in detail.
Why File a Medical Malpractice Lawsuit?
Filing a medical malpractice lawsuit serves several purposes. Primarily, it seeks compensation for injuries caused by a healthcare provider's negligence. This compensation can cover medical expenses, lost wages, and other damages incurred due to the malpractice.
Beyond personal restitution, these lawsuits hold medical professionals accountable, potentially preventing future negligence by promoting higher standards of care. They can also bring systemic issues to light, prompting improvements in healthcare practices and policies.
Pursuing legal action also provides a sense of closure and justice for patients who have suffered due to medical errors. Ultimately, while the process can be daunting, especially when handling it without an attorney, the potential benefits make it a viable path for many affected individuals.
Do All Medical Malpractice Claims Go to Trial?
Not all medical malpractice claims go to trial. In fact, many are resolved through settlements before reaching the courtroom. Settlements occur when both parties agree on a compensation amount without the need for a trial, often facilitated through negotiations or mediation. This approach can save time, reduce legal costs, and offer a quicker resolution for both parties involved.
However, if a fair settlement cannot be reached, the case may proceed to trial. The decision to settle or go to trial depends on various factors, including the strength of the evidence, potential compensation, and the willingness of both parties to negotiate. You might want to consider working with an attorney to determine the best course of action for your specific case to ensure that you (a) don’t settle for less than you deserve and (b) don’t file a lawsuit you cannot win.
The Steps to Filing a Medical Malpractice Lawsuit in Texas
The legal process of pursuing a medical malpractice case includes the following steps:
Contact an Attorney to Determine if You Have a Claim: The first step is to consult with an experienced medical malpractice attorney to evaluate the merits of your case. They can assess whether the evidence supports a claim of negligence and advise on the best course of action.
File a Complaint Against the Health Care Provider: If your attorney determines you have a valid claim, they will draft and file a formal complaint against the healthcare provider, outlining the alleged negligence and damages suffered.
Determine Your Statute of Limitations: Texas law imposes a two-year statute of limitations on medical malpractice claims, starting from the date of the injury or discovery of the harm. It’s crucial to file within this timeframe to preserve your right to pursue legal action.
Identify the Responsible Party or Parties: This involves determining all potential defendants, including individual providers, hospitals, or clinics, who may have contributed to the negligence.
Gather Evidence and Documentation: Collecting relevant medical records, expert opinions, and other documentation is essential to establish the provider's breach of duty and the resulting harm.
Send a Notice to the Defendant(s): Texas law requires plaintiffs to provide a notice of claim to each defendant at least 60 days before filing the lawsuit. This notice includes a description of the claim and the damages sought.
File Your Claim: With all necessary documentation and notices complete, your attorney will file the claim in the appropriate Texas court.
Work with Medical Experts: To support your case, your attorney will collaborate with medical experts who can testify on the standard of care and the deviation by the defendant.
Go to Trial, if Necessary: If a settlement is not reached, the case will proceed to trial, where the plaintiff and the defendant present their cases before a judge or jury, who will decide the outcome.
If any steps of the legal process seem confusing, an attorney can explain in more detail so you can better prepare for what to expect when filing a medical malpractice claim in Texas.
Filing a Medical Malpractice Claim? Get the Guidance You Need
If you have been harmed due to a medical mistake, you probably want to know what steps you need to take to seek the justice and compensation you deserve. Our attorney at The Law Office of Steve Brannan can explain the legal process for medical malpractice claims in Texas to reduce some level of uncertainty and stress that you may be feeling right now. Get in touch now to discuss your situation.