What Qualifies as Medical Malpractice in Texas ?
Texas Civil Practice and Remedies Code states that medical malpractice is when a health care provider administers “treatment, lack of treatment or other claimed departure from accepted standards of medical care” that results in injury or death to the patient.
Steps for Pursuing a Claim
Our dedicated team is here to provide expert guidance and support every step of the way.
1. Gather Medical Records and other Proof
Legal claims require evidence to support them. Medical records, doctor-patient interactions, photos, and communications are vital. Texas law requires victims to prove the following four elements to proceed with a medical malpractice case:
- Legitimate doctor-patient relationship (establishes duty of care)
- Treatment fell below standard of care (this establishes breach).
- Breach caused injuries (this establishes causation).
- Injuries were serious, permanent, or led to wrongful death (this establishes damages).
Evidence can include medical records, journal entries, photos, videos, bills, investigations, and communications.
2. Consult a Texas Medical Malpractice Attorney
It is important to consult an experienced Texas medical malpractice attorney like Tom Omondi, who, with over five years of legal practice and 15 years of nursing experience, offers a unique advantage. His firsthand knowledge enables a comprehensive analysis of cases, ensuring thorough evaluation with the support of medical experts that each case is analyzed thoroughly to explore every possibility for justice for our clients.
The consultation is FREE and if we accept representation, we do not get paid unless you receive compensation for your claim. This is commonly described as a contingency fee arrangement. No fees are paid upfront by any of our clients who are victims of medical malpractice.
3. File a Lawsuit
Upon confirming your claim and accepting representation, our firm develops your case. We utilize various litigation strategies for fair compensation, often requiring lawsuit filing to prevent statute of limitations issues.
Depending on proof, we may explore out-of-court negotiations for mutual benefit.
What is Medical Malpractice ?
By definition, medical malpractice refers to a situation where a healthcare professional or healthcare organization (hospital, clinic, nursing home) has been negligent and failed to provide the standard level of care required of them
How It Works
Our Approach
Consultation
Discuss your legal concerns with our experienced team to gain clarity and insights tailored to your situation.
Strategize
Collaborate with our experts to develop a customized plan of action designed to achieve your goals effectively.
Take Action
Implement the agreed-upon strategy supported by our dedicated legal team every step of the way.
FAQs
In the event that a loved one passes away as a result of medical malpractice; it is possible to initiate a legal action by filing a wrongful death lawsuit.
Determining whether malpractice directly caused the death can sometimes be challenging. In accordance with Texas law, it is necessary to file a wrongful death lawsuit within two years of the individual’s passing. Therefore, it is crucial to promptly commence an investigation to gather relevant evidence.
A wrongful death claim is typically pursued by the appointed representative of the deceased person’s estate, acting on behalf of specific surviving family members and other beneficiaries. In Texas, the parents, spouse, or children of the deceased individual have the right to seek compensation through a wrongful death lawsuit.
If you or a loved one has suffered an injury as a result of medical malpractice, it is crucial to understand the statute of limitations that governs your case.
In Texas, there is a strict timeframe within which you must file a lawsuit for medical malpractice. Typically, you are required to initiate your claim within two years of the occurrence of the malpractice, regardless of awareness.
Enlisting the expertise of a seasoned attorney can provide valuable insight into the various types of damages that may be available in your medical malpractice lawsuit. The amount of compensation you ultimately receive will be influenced by several factors, including the nature of your injuries, the expenses incurred for necessary treatments, the income you lost due to your injuries or treatment, and the likelihood of requiring future medical care or treatment for your injuries.
Economic damages cover quantifiable losses (income, medical bills), while non-economic damages cover intangibles (pain, suffering).
Since every case is unique, the value of each case can vary significantly based on factors such as the severity of the injury and the level of negligence or wrongdoing demonstrated by the healthcare professional. In medical malpractice cases in Texas, there are no limitations on economic damages. However, there is a cap on non-economic damages, which are limited to $250,000, or a maximum of $500,000 for individuals suing two hospitals.
if partially responsible.
You likely have a claim if negligence during medical treatment caused serious or permanent harm/injuries. It’s imperative to consult a qualified medical malpractice attorney promptly. Gather medical records and proof to show the provider’s actions fell below the standard of care, resulting in significant injuries.
Medical malpractice cases pose considerable challenges for attorneys when it comes to building a strong case and proving liability. However, our team of skilled lawyers has extensive expertise in handling such cases.
Texas law has a broad definition of healthcare provider beyond just a doctor. The following is a list of some of the providers you can sue for medical malpractice:
- A nursing home
- An assisted living facility
- A doctor
- A doctor’s/ physician group
- A hospital
- A home health agency
- A hospital
- A hospital system
- A registered nurse
- A dentist
- A pharmacist
Entities providing healthcare may be liable for malpractice if injuries result from their treatment