Needing a medical procedure can be scary, overwhelming, and cause anxiety for both you and your loved ones. You have to learn about an entirely new vocabulary relating to your condition, how it will affect your life, and steps to take for proper recovery. You place your utmost faith on your medical team — so if you later find out that their own negligence caused you additional harm, you can be left feeling disconcerted and helpless. What are the types of medical malpractice in Texas, and what can you do if you’ve experienced any of them?
What is medical malpractice?
Chapter 74 of the Texas Civil Practice and Remedies Code regulates medical liability issues. While the statutes do not specifically mention the term malpractice, it is common for people to refer to medical negligence cases as medical malpractice. These types of cases occur when a doctor breaches their duty of care towards a patient by causing a physical injury, aggravating a medical condition, or causing the patient to incur financial losses. These can occur as a result of any of the following:
- Misdiagnosis
- Misreading lab or imaging results
- Administering an improper medication dosage
- Insufficient anesthesia
- Performing an unnecessary surgery
- Leaving instruments inside the body after surgery
- Hospital-acquired infections
- Failing to provide adequate follow-up care
- Discharging a patient too soon
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 or two years from the date the patient was discharged from the hospital. If the patient is a minor under the age of 12, they will have until their 14th birthday to have someone file on their behalf.
Most Well-Known Case of Medical Negligence in Texas
The largest medical negligence verdict in Texas was for a whopping $43.32 million. In that case, East Texas Medical Center was held liable for allowing Dr. Gary Boyd to treat a patient, despite the fact that the physician had been placed on probation by the Texas Medical Board. In April 2014, 61-year old patient Billy Pierce needed surgery to remove bile ducts. However, Dr. Boyd misdiagnosed him as having an abnormality that made such surgery impossible and placed him in a medically-induced coma for more than a month. During this time, Dr. Boyd did not provide any further treatment. Eventually, the hospital sought a second opinion, and it turned out Dr. Boyd was wrong — and a new doctor performed the surgery without any issues. That said, Dr. Boyd’s misdiagnosis and failure to provide treatment during the time Billy was in a coma led to organ damage and a liver transplant. As a result, Billy was unable to return to work.
The amount awarded was to cover medical expenses during the timeframe Mr. Pierce was in a coma, lost income during hospitalization, pain and anguish, and loss of future earning capacity. He also received $25 million in punitive damages.
Latest Developments in Medical Malpractice Laws in Texas
Section 74.301 of the Texas Civil Practice and Remedies Code now establishes a limit of civil liability for non-economic damages — such as pain and suffering or emotional distress — to $250,000, per claimant. If there are multiple healthcare institutions involved, the cap increases to $500,000. When it comes to economic damages — such as costs of medical care, lost wages, or diminished earning capacity — there is no cap.
Civil Litigation Attorneys in Texas
If you believe you may be 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.
