One of the most stressful experiences in life is being diagnosed with a medical condition and/or requiring hospitalization or surgery. The anxiety level increases when the condition ails a loved one. So when you learn that a medical provider whom you trusted committed medical malpractice, and that malpractice resulted in damage to you or a loved one, you want justice.
While this is understandable, it’s essential to know that if you want to explore the possibility of filing a lawsuit, there are time limitations imposed by law. If you don’t file by the deadline, you won’t be able to file at all. This is called a statute of limitations.
What is the Statute of Limitations for Medical Malpractice in Texas?
The statute of limitations for healthcare liability claims in Texas is two years from the date of injury. If you can’t determine the exact date of injury, you may file a claim two years from the date hospitalization ended. However, under no circumstances can you file a claim after 10 years from the act or failure to act that resulted in injury. This is known as the statute of repose.
What is Considered Medical Malpractice in Texas?
Medical malpractice claims in Texas are referred to as healthcare liability claims. Lone Star State laws define such claims as a cause of action against a healthcare provider for treatment, lack of treatment, or other departure from the accepted standards of medical care, which results in injury or death. This includes providing negligent treatment as well as misdiagnosing an illness, or making a mistake during surgery.
Damages typically include the exacerbation (worsening) of a medical condition, or providing treatment or surgery that wasn’t necessary.
When filing this type of claim, you can sue for the amount of financial losses (e.g., if you needed additional treatment or surgery to correct the mistake, lost wages, loss of earning capacity, etc… ) as well as noneconomic damages (e.g. pain and suffering, mental anguish, loss of consortium, disfigurement, physical impairment, loss of companionship, inconvenience, loss of enjoyment of life, injury to reputation). However, noneconomic damages are capped at $250,000.
What If Medical Treatment Went Hand in Hand With Specific Risks?
It is indisputable that certain medical treatments are risky. However, healthcare providers are required by law to disclose those risks to their patients or to the people authorized to consent for patients (such as the parent of a minor, legal guardian, or a family member with power of attorney). This way, the patient or their legal guardian can provide informed consent, in writing, for the recommended treatment or surgery.
Laws Regarding Minors
Minors also have two years from the date of injury or from completion of hospitalization to file a healthcare liability claim. The only exception is when the malpractice involves minors who were under the age of 12 at the time of injury. In that case, they have until the age of 14 to file their claim, or to have someone file a lawsuit on their behalf.
When to Contact a Lawyer
If you have reason to believe that you are a victim of medical malpractice, talk to a lawyer as soon as possible. This is because sometimes, an injury is not necessarily obvious. You’ll need to conduct a process called “discovery”, in order to request additional information, such as medical records and the sworn testimony from medical providers. It’s like putting together pieces of a puzzle to get a full picture. Once you have all of the necessary components, your lawyer will determine whether malpractice actually occurred.
This process is lengthy. Therefore, you should act as soon as possible, before the statute of limitations bars you from filing a claim.
Civil Litigation Attorneys in Texas
If you believe you are a victim of medical malpractice and need to know how to move forward, the experienced attorneys at The Weycer Law Firm can help.
Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.
Note: This blog is for informational purposes only and does not create an attorney/client relationship.
