Houston Medical Malpractice Lawyer
Health Care Providers
About Texas Medical Malpractice Laws Inherent Advantages to Health Care Providers
the Texas Civil Practice & Remedies Code §74.001 et seq. Unfortunately the laws were drafted to greatly benefit “health care”; providers, making it extremely difficult for claimants to bring successful claims.
“Health care” means “any act or treatment performed or furnished, or that should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient’s medical care, treatment, or confinement.” – Texas CPRC §74.001(a)(10)
A “health care liability claim” is a “cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care, which proximately results in injury to or death of a claimant, whether the claimant’s claim or cause of action sounds in tort or contract.” – Texas CPRC §74.001(a)13)
A “health care provider” mean “any person, partnership, professional association, corporation, facility, or institution, . . . , including: a registered nurse, dentist, podiatrist, pharmacist, chiropractor, optometrist, and an employee, independent contractor, or agent of a health care provider or physician acting in the course and scope of the employment or contractual relationship.” – Texas CPRC §47.001 (a)(12)(A)
Limitations to Damages
In addition to making it more difficult for lawyers to bring medical malpractice claims for their clients, the Texas legislature also enacted limitations on the amount of non-economic damages that an individual can recover, such as pain and suffering, mental anguish, disfigurement, physical impairment, and loss of enjoyment of life. Although the
cap placed on non-monetary damages can vary depending on the number of defendants, it is usually capped at $250,000. The statute of limitations is usually two years for medical claims, but there are complex exceptions.
The Difficulties and Great Expense of Making a Claim
Suffice it to say that the laws in Texas for asserting claims for physician errors are extremely complex. Furthermore, bringing such claims can be, and usually are, very difficult and expensive. For instance, the plaintiff must file within 120 days of the lawsuit an expert report setting forth the claims of negligence and causation, which the defendant can, and usually does, challenge. Failure to file the expert report, or failure of the expert’s report to meet the statutory burden can have dire consequences to the plaintiff, both legally and financially.
Don’t Delay! Call a Houston medical maltractice attorney Now Before Time Runs Out!
Navigating Texas law and determining the statute of limitations for a health care provider’s negligence can be very difficult. If you believe that you or your family have a case against a health care facility or a doctor resulting from a deviation from the standard of care and you have suffered great harm, then contact one of the attorneys at the Houston law firm of Joel A. Gordon & Associates who can offer you a free confidential consultation regarding your case.