While healthcare in America becomes more costly every year, new technologies improve the diagnosis and treatment of various diseases. With these technological advances come new protocols addressing how physicians should provide treatment to patients with various conditions. Doctors are expected to adhere to these treatment guidelines and provide patients with at least the minimum standard of care called for in the guidelines. When a physician fails to follow the proper standard of care and the failure results in an injury to the patient, the result is what we call medical malpractice. Today, we will review what you need to know regarding medical malpractice laws in Texas
Minimum Level of Care
All physicians, whether they are surgeons, family practice, or pediatricians, regardless of specialty, are required to provide at least a minimum level of care to their patients. This is referred to as the standard of care. When the physician fails to provide the proper standard of care to a patient and an injury results, the patient has a legal basis for a medical malpractice claim and can proceed with a medical malpractice suit against the physician. Of course, building a strong case to support a successful medical malpractice claim is a long and arduous process. For starters, standards of care are not uniform throughout the country. They vary from jurisdiction to jurisdiction. The standard of care in an urban area may differ from that in a rural area of the same state.
Medical Malpractice Lawsuits
While the numbers vary year to year, about 85,000 medical malpractice lawsuits are filed each year in the United States. The laws supporting a medical malpractice lawsuit are determined on the state level. Texas law allows a lawsuit against any health care provider who has been negligent in providing care. All states have statute of limitations which specify how long an injured party has to file a medical malpractice lawsuit. Texas law allows up to two years from the time an injury is discovered to bring a claim. Texas law also has a “statute of repose” related to medical malpractice claims, which allows a lawsuit within ten years of when a negligent medical act was committed, regardless of when it was discovered or treated.
Medical Malpractice Corpus Christi
When pursuing a medical malpractice claim, lawyers often utilize the services of expert witnesses, usually highly accredited professionals in their specialized area of expertise, to present difficult to understand information at trial to help jurors understand the technical complexities of a case. Such expert witnesses are almost always a significant part of cases revolving around a medical malpractice claim. If you or a loved one has been injured due to medical malpractice in Corpus Christi, you should contact the personal injury attorneys at the Thomas J. Henry Law firm as soon as possible.
The Premier Medical Malpractice Lawyers in San Antonio
At Thomas J. Henry, the largest personal injury law firm in Texas, medical malpractice is serious business. We are dedicated to holding medical professionals accountable for their actions in the state of Texas. If your loved one suffered injuries due to medical negligence, contact the Thomas J. Henry Law firm. Whether you live in San Antonio, Corpus Christi or elsewhere in Texas, Thomas J. Henry can assist you through the entire legal process; start to finish, getting you full compensation for your injuries, including all medical bills, all lost wages, and compensation for your pain and suffering. Call the Thomas J. Henry Law firm today.