Texas Medical Malpractice
A relationship exists between Health care providers and their patients. That relationship is defined by law and includes a duty on the part of the Provider to provide a certain standard of care, using at least the level of skill, care and diligence that is generally exercised by fellow practitioners in the medical professions. It is considered medical malpractice when a medical professional breaches that duty and causes injury to a patient. Medical malpractice victims may be compensated for their injuries, and the process for doing so is circumscribed by statutes and case law.
To prevail in a medical malpractice case, the patient must bring a claim through the means designated by law, and that usually includes expert medical testimony to establish whether the health care provider(s) in question met the standards of care applicable to the care, diagnosis and or services and whether the providers actions or omissions caused the patient’s injuries.
Medical malpractice claims involve virtually every aspect of of health care, treatment and services through a persons lifespan. Claims may include:
- Birth and delivery injuries
- Failure to diagnose
- Ignoring warning signs
- Failure to timely order tests
- Misreading test results
- Missed or delayed diagnosis
- Surgical errors
- Prescription and medication administration errors
- Failure to supervise and monitor a patient
- Failure to timely intervene to prevent injury
The Standards of care may also include reasonable duties for the Patient, including a duty to comply with orders for treatment, followup monitoring, or delay in seeking medical/health care intervention. A statute of limitations exists for bringing claims. The statute of limitations for medical malpractice is generally 2 years from the date of the injury claimed, with only few exceptions – including those for minors. Patients or their legal representative may forfeit the opportunity, or waive their right, to bring a claim and seek compensation for injury by failing to timely file a claim.
Each patient’s case is different, and determination of whether a claim exists must be through evaluation by an attorney — preferably one who has experience in both the applicable medical and legal parameters, especially if the attorneys have represented both sides of a medical malpractice claim – defendant and plaintiff, and also has done so through the appellate process.