Medical Malpractice FAQ

To help you have peace of mind in your claim, here are answers to some common questions clients ask me at the Law Offices of Robert Rodriguez:

How do I know if I have a medical malpractice case?

To determine if you have a medical malpractice case, consider whether a health care provider deviated from the accepted standard of care, causing you harm. Did something out of the ordinary happen during your care?

For example, did your doctor have to run the same test a second or third time, were there complications during your surgery, or did a simple procedure call for multiple surgeries?

If something does not seem right about your care, you may have suffered from a surgical error, misdiagnosis or other action that caused avoidable harm.

What kind of damages can I recover in a medical malpractice suit?

In a medical malpractice suit, you may recover both economic and noneconomic damages, yet the value of every claim can be unique. Economic damages cover financial losses such as medical bills, rehabilitation costs and lost wages due to not working during the recovery process.

Noneconomic damages address the consequences you cannot put a price on, including pain and suffering, emotional distress, and loss of enjoyment of life. Texas law does not cap economic damages, but there are limits to the noneconomic damages from these claims.

As your medical malpractice lawyer, I will work to maximize the compensation you receive for each type of compensation.

Can I sue for medical malpractice if I signed a consent form?

Signing a consent form does not automatically prevent you from filing a medical malpractice lawsuit. These consent forms are usually for acknowledging the risks of any procedure, but they do not state the patient permits any negligence.

When a health care provider does not operate under standard procedure, causing you significant harm, they are often liable for their actions. While a consent form likely won’t disqualify you from filing a claim, avoid signing any other document from the hospital without an attorney present, especially after you have had a procedure done.

What is the statute of limitations for filing a medical malpractice claim in Texas?

In Texas, the statute of limitations for filing a medical malpractice claim is two years from the date the malpractice occurred or from the end of continuous treatment provided by the same health care provider.

There are limited exceptions, such as cases involving minors or when the injury could not reasonably have been discovered right away. However, Texas also has a statute of repose that bars claims more than 10 years after the malpractice, regardless of discovery.

Because timing is so critical, contacting an experienced attorney as soon as you suspect malpractice is vital. I will review the details of each situation to determine the appropriate deadlines and protect my clients from losing the right to file.

Can I still pursue a medical malpractice claim if the health care provider is no longer practicing?

Yes. The fact that a doctor or health care provider has retired, moved or no longer practices medicine does not prevent you from pursuing a claim. What matters in a medical malpractice lawsuit is the provider’s actions at the time of treatment, not their current employment status.

These cases proceed against the provider’s professional liability insurance. Even if the individual is no longer active, their past coverage can apply to incidents that occurred while they were practicing.

Working with an experienced lawyer helps ensure the claim is directed toward the right parties and insurance companies.

Can you file a medical malpractice lawsuit against someone other than a doctor?

Yes. Medical malpractice claims are not limited to doctors. Other health care professionals and entities can also be held accountable if their negligence caused harm. This may include:

• Nurses: Failure to monitor patients, administer medication correctly or follow physician instructions.
• Hospitals or clinics: Negligent hiring, inadequate staffing or unsafe facility conditions.
• Pharmacists: Dispensing the wrong medication or incorrect dosage.
• Specialists and therapists: Errors in treatment or misdiagnosis.

Each situation requires careful investigation to determine liability. As your attorney, I can help identify and hold all responsible parties accountable. If you believe you have a claim, contact my office today to speak with an experienced lawyer.

Speak To An Attorney

Schedule your free consultation with an experienced Texas attorney today. Call the Law Offices of Robert Rodriguez at 713-936-9579 or email me here to learn more about starting a medical malpractice case.