Medical malpractice lawsuits are complicated and stressful for both patients and doctors. As a patient, you trust your healthcare provider to provide you with the best possible care. However, if something goes wrong and you are injured or become ill due to medical negligence, you may be entitled to file a medical malpractice lawsuit.
In Texas, medical malpractice lawsuits are subject to statutes and caps that can significantly impact your case. It's essential to understand these laws to ensure you receive fair compensation for your injuries. In this blog post, we'll provide you with a comprehensive guide to understanding Texas' medical malpractice statutes and caps.
1. Understanding the Statute of Limitations
In Texas, the statute of limitations for medical malpractice lawsuits is two years from the date of injury or the date of discovery of the injury. It's crucial to file your lawsuit within this timeframe; otherwise, you may lose your right to seek compensation. We'll discuss how to determine when the statute of limitations starts and stops for your case.
2. Caps on Non-Economic Damages
Texas has a cap on non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. The cap is $250,000 for healthcare providers and $500,000 for hospitals. We'll explain how this cap works and how it can impact your compensation.
3. Understanding the Expert Report Requirement
In Texas, before you can file a medical malpractice lawsuit, you must first obtain an expert report from a qualified healthcare provider. This report will state that there is a reasonable basis to believe that medical negligence occurred. We'll provide you with tips on how to find a qualified expert and what to expect from the expert report process.
4. Vicarious Liability
In Texas, healthcare providers can be held vicariously liable for the actions of their employees. This means that if a healthcare provider's employee was negligent, the healthcare provider can also be held responsible. We'll discuss how this can impact your case and what steps to take if you believe vicarious liability applies.
5. Comparative Negligence
Texas follows a modified comparative negligence rule, which means that if you are partially responsible for your injuries, your compensation will be reduced by your percentage of fault. We'll explain how this works and provide examples of how it can impact your case.
Contact Maloney Law Group, P.L.L.C.
If you've been injured due to medical malpractice, it's important to understand Texas' medical malpractice statutes and caps. These laws can significantly impact your case, and failing to understand them can result in less compensation for your injuries. At Maloney Law Group, P.L.L.C., we have extensive experience handling medical malpractice cases in Texas. Contact us today to learn more about how we can help you.