As a practicing Houston attorney, I get many calls from potential clients asking if they have a medical malpractice case. Almost always, the answer is NO. The fact that so many people feel they have been wronged by their doctor or hospital and yet so few of them actually have a case, begs the question: what does it take, then, to have a medical malpractice case in Texas? In this article, I will summarize the law for you in words a layman can understand. You will see that it is not so easy to sue a healthcare provider in Texas.
History: The current Texas law was enacted in 2003 as part of tort reform legislation aimed at cutting back the number of lawsuits against healthcare providers. The law can be found in Chapter 74 of the Texas Civil Practice and Remedies Code. The most important provisions of this law are as follows:
Negligence: To prove a case against a health care provider, you must show that the provider’s treatment or lack of treatment constituted a departure from the accepted standards of medical care, and that this departure resulted in injury or death. Whether or not a doctor’s actions or inactions constituted a departure from the accepted standards of medical care is subject to the opinions of testifying experts, with a jury having the ultimate say.
Statute of limitations: You have 2 years from the date of the event alleged as malpractice to file suit. There are a few exceptions, but, as a matter of practice, we attorneys rarely see an exception to the two-year statute.
Caps on damages: Texas law caps the amount of money you can recover for non-economic damages at $250,000.00 for claims against a doctor, even if judgment is had against more than one doctor. For judgments against healthcare institutions, damages are capped at $250,000.00, or $500,000.00 if judgment is against two or more healthcare institutions. What does this mean? It means you can recover your full damages for things you can put a price tag on, such as past and future medical costs, necessary medical equipment, and lost wages. However, you are capped on damages that involve things you cannot put a price tag on, such as disfigurement, past and future pain and suffering, and mental anguish.
Caps in death cases: In cases where the malpractice caused someone’s death, all damages, including exemplary damages, are capped at $500,000.00.
Expert report required: The law requires your attorney to provide a report from an expert early in the case and BEFORE any discovery is exchanged. The report must explain what the accepted standard of care is for the type of medical care that was involved and explain why the healthcare provider fell below that standard. The purpose of this provision is to eliminate frivolous lawsuits and ensure that your attorney is bringing your case in good faith.
Do I have a case: In sum, if a medical procedure has resulted in a serious, life-altering injury, or if, during delivery, your baby suffered permanent, severe injuries such as brachial plexus injuries or brain injuries due to oxygen deprivation, call the Law Offices of Robert Rodriguez for a free consultation.