Medical Malpractice Attorney in Houston

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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)

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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.

Our Houston Personal Injury Lawyer are ready for you. Call 281-943-5555 right now.

Recent Client Reviews
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I was very pleased with the outcome of my case. Joel Gordon and his staff were very professional and thorough. Mr. Gordon was always available to answer any questions I had throughout the case and when he was unavailable he returned calls very quickly. I also got great medical attention without having to worry about making upfront payments. I definitely recommend Joel A. Gordon & Associates to anyone who needs his services. Great attorney and staff!

Sergio Moreno

In December 2012 I was in a very bad accident. My mother’s car was totaled and I did not have a lawyer at the time. After the accident I was referred to a lawyer by a friend and the process was very slow and not professional. I dropped that lawyer and hired Mr. Gordon. Mr. Gordon helped my mother get paid for her car and helped close my injury case. The overall experience with Mr. Gordon and his firm was very professional. Everything in my case moved quickly and in an orderly manner.

Janvier Snead

As populated as our city is..accidents, sometimes are inevitable. It’s during those times, when you need someone you can trust the most. Therefore, for the past 10+ years and the few accidents my family and I have been involved in, we all go to Mr. Joel Gordon. Not only is he professional, but also friendly and compassionate towards your situation and guides with the heart, not the #’s (un-like some out there).?

Faez Kamal

I was very pleased with the outcome of my case. Joel Gordon was never hard to reach and always had an answer to any question. He did a good job at keeping you updated with anything that went on. He goes out of his way to make sure his client is satisfied. I would definitely recommend him to anyone who has been in an accident.

Kimberly Colindres

I am very very pleased with the prompt professional service I received from Mr Gordon recently after being hit by another driver while stopped at a red light. The other driver’s company was stalling and not doing much of anything to get matters settled with my car or health issues, but within 24 hours of calling Mr. Gordon, he got my vehicle settlement for me and made arrangements for me to start getting treatments for my neck and shoulder injuries.

M. Carpenter