When seeking medical care, you trust that healthcare professionals will provide competent and ethical treatment. However, mistakes or negligence can lead to serious harm; in some cases, these actions (or lack thereof) may constitute medical malpractice. Understanding what qualifies as medical malpractice in Texas is critical for anyone seeking justice for avoidable injuries.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence deviates from the accepted standard of care and directly causes harm to a patient. The "standard of care" is the level of care a similarly trained and experienced medical professional would have provided under the same circumstances.
Unlike minor mistakes or complications that naturally occur in medical treatments, malpractice involves failing to meet professional standards and results in preventable harm.
Key Elements of a Medical Malpractice Case
Proving medical malpractice is no simple task, especially in Texas. To establish a valid claim, four critical elements must be present:
Duty of Care
This means the healthcare provider has a professional obligation to care for the patient. A duty of care is established when a doctor-patient relationship forms, such as agreeing to perform surgery, provide a diagnosis, or administer treatment.
Breach of Duty
Next, you must demonstrate that the provider failed to meet the accepted standard of care. This could involve careless actions, such as performing surgery incorrectly, or omissions, like failing to diagnose a clear illness.
Causation
Simply proving negligence isn’t enough—you must show a direct link between the provider’s breach of duty and the harm suffered. For example, if a doctor misreads test results, leading to delayed cancer treatment, you must establish that the delay worsened the patient’s condition compared to earlier, proper care.
Damages
Finally, the harm caused by the malpractice must result in actual damages. These may include physical injuries, additional medical expenses, lost income, or emotional distress. Without demonstrable damages, a malpractice case cannot proceed.
Examples of Situations That May Constitute Medical Malpractice
Medical malpractice can happen in various scenarios across all areas of medical care. Some examples include:
Misdiagnosis or Delayed Diagnosis:
A doctor misidentifies symptoms, leading to incorrect treatment or a failure to treat an underlying condition.
Surgical Errors:
Mistakes during surgery, such as operating on the wrong site, leaving instruments inside the body, or causing unintended damage to organs.
Medication Errors:
Prescribing the wrong medication, incorrect dosages, or failure to warn about dangerous side effects.
Birth Injuries:
Mistakes during childbirth that result in harm to the baby or mother, including oxygen deprivation or delivery forceps mishandling.
Failure to Obtain Consent:
Performing procedures without informing the patient of risks or obtaining their consent.
Medical Malpractice Laws Specific to Texas
Texas has its own set of rules governing medical malpractice claims, designed to balance patient rights with protections for healthcare providers. Below are some of the key points to know:
Statute of Limitations
Patients in Texas generally have two years from the date of the injury to file a medical malpractice lawsuit. However, exceptions sometimes apply in cases where the harm was not immediately apparent. The deadline may be extended for minors until the child turns 14, depending on the circumstances.
Expert Witness Requirement
Texas law requires you to submit a report from a qualified medical expert who supports your claim within 120 days of filing the lawsuit. This report should outline how the provider’s actions deviated from the standard of care and caused harm.
Caps on Damages
Texas imposes caps on non-economic damages meant to compensate for pain, suffering, and loss of quality of life. The maximum is $250,000 per defendant for individual providers and $500,000 for healthcare institutions. Economic damages, such as medical costs and lost wages, are not subject to caps.
Proportionate Responsibility
Texas follows a modified comparative fault rule, which could reduce or bar recovery if the patient shares responsibility for the injury. If you are found to be more than 50% at fault, you cannot recover damages.
Navigating a Medical Malpractice Case in Texas
Medical malpractice cases are notoriously complex, especially in Texas, where laws and limitations add extra layers of complexity. Here are steps to consider if you believe you have a case:
Collect Evidence:
Gather medical records, bills, and any harm or additional treatment documentation.
Consult a Qualified Attorney:
Work with an experienced attorney who understands Texas medical malpractice laws and can guide you through the legal process.
Identify Expert Witnesses:
Your attorney will help find medical experts to review your case and provide testimony supporting your claim.
File Timely and Accurately:
Ensuring that deadlines are met and paperwork is complete is essential for advancing your claim.
San Antonio Medical Malpractice Lawyers
If you or a loved one have experienced medical malpractice in San Antonio, TX, it's crucial to seek the guidance of experienced legal professionals who understand the complexities of these cases. At Maloney Law Group, P.L.L.C., we are committed to helping you navigate the legal process and secure the compensation you deserve. Contact us today at (210) 361-2997 to learn more about how we can assist you in your pursuit of justice and accountability.