Texas Medical Malpractice
If a family member has died as a result of a medical professional's actions or because of their inaction, or if you've been injured under a doctor's care, you may have reason to file a lawsuit against the healthcare provider. If successful, you could collect compensation for your injuries under Texas law. Talk to a medical malpractice attorney to get an assessment of your case and to understand your legal options.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider-such as a doctor, nurse or hospital-is negligent and deviates from the standards of good medical practice. If that occurs and you are injured as a result, you may have grounds for a medical malpractice lawsuit.
In determining whether the healthcare professional followed the standards of good medical practice (also known as the standard of care), the judge or jury hearing your case will look at the generally accepted method of treating patients in your area with similar medical problems. For example, the standard of care for a 90-year-old heart attack patient in Texas would not necessarily be the same as the standard of care for a 45-year-old heart attack patient in New York.
At trial, your med mal lawyer must prove not only that the healthcare provider's act or omission was a mistake, but also that this mistake injured you.
In other words, you probably do not have a valid medical malpractice claim if your doctor treated you according to the medical standard of care in your area in Texas. And you probably would not have a valid medical malpractice claim if you were not harmed by the doctor's treatment, even if it did violate the standard of care.
How Long Do You Have to File a Med Mal Claim?
Under Texas law, you have two years from the date of your injury to file a medical malpractice lawsuit against the person or entity responsible for your injuries. (This time limit is known as the statute of limitations.) Before filing a lawsuit, your medical malpractice lawyer will usually try to negotiate an out-of-court settlement.
Find & Hire Local Texas Medical Malpractice Attorneys
If you live in San Antonio or Houston, Dallas or Ft. Worth, or elsewhere in Texas, Attorneys.com can help connect you with med mal lawyers in your areas. Fill out the form on this page to use our free legal referral service, or call us at 877-913-7222. We'll quickly match you with medical malpractice lawyers in your area.
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