Did you know that medical malpractice is the third leading cause of death in the United States? Medical malpractice is just behind heart disease and cancer as the top killers of Americans.
If you or a loved one has been hurt due to a medical professional's negligence, you shouldn’t wait to speak with our Dallas medical malpractice lawyers at Aldous Law.
Our team can help you with a personal injury lawsuit to recover the compensation you deserve.
What is Medical Malpractice Under Texas Law?
Medical malpractice occurs when a patient is harmed because a health care provider fails to perform their duties competently while caring for the patient.
Typically, medical malpractice falls into one of the following categories:
- Failure to diagnose
- Improper treatment
- Failing to properly warn of known risks
If a health care provider's negligence causes someone an injury, and it can be proven, it is likely medical malpractice. There are a number of criteria a patient must meet to have a medical malpractice case, which can be intimidating to prove.
This is why it's crucial you reach out to our top-rated medical malpractice lawyer to help you with your case as soon as possible. They'll be able to help you determine whether you have a case and advise you on the best path forward.
Medical Malpractice Statistics
According to the HealthGrades Patient Safety in American Hospitals study, about 100,000 Americans every year are killed due to preventable medical mistakes that occur in hospitals. Note that this statistic just covers people killed in hospitals.
People who die as a result of medical care after they leave the facility are not included in this figure.
Some data suggests that the total number of Americans killed by medical malpractice is closer to 200,000.
This does not even account for the thousands of preventable illnesses and injuries caused by medical malpractice.
Types of Medical Malpractice Cases We Handle in Dallas
Some examples of egregious medical malpractice include:
- Anesthesia errors
- Plastic/cosmetic surgery errors
- Medication errors, including over-medication and under-medication, anesthesia errors
- Birth injuries, including cerebral palsy, Erb’s palsy, and brain injuries
- Surgical errors, including wrong surgery or retention of surgical tools
- Diagnosis errors, including misdiagnosis malpractice, delayed diagnosis malpractice, and failure to diagnose
- Emergency room errors
- Untreated infections leading to sepsis
Who Can Be Sued — Doctors, Hospitals and Other Providers for Malpractice
Doctors are not the only ones held accountable for their actions through medical malpractice claims. In fact, there are several different healthcare providers who are in a position to violate the standard level of care and to needlessly harm you or a loved one.
In addition to doctors, the following providers can, and should, be held liable for medically negligent actions:
- Hospitals
- Lab technicians
- Midwives
- Nursing Malpractice
- Nurse Aides
- Nurse Anesthesiologists
- Nursing Assistants
- Nurse Practitioners
- Psychologists
- Psychiatrists
- Physical Therapists
Determining fault in a medical malpractice or negligence situation may be difficult. There could even be multiple parties responsible for your injuries.
Contact our medical malpractice attorneys to help determine who is liable for the medical error that caused your injury.
Compensation Available in a Texas Medical Malpractice Claim
Depending on your case, you may be entitled to the following types of compensation:
- Medical bills
- Rehabilitation costs
- Lost wages
- Loss of quality of life
- Physical, emotional, and financial pain and suffering
Medical Malpractice FAQs
How long do you have to sue for medical malpractice in Texas?
Texas gives you two years. Under Section 74.251 of the Texas Civil Practice and Remedies Code, a health care liability claim must be filed within two years of the negligent act, or of the date the related treatment or hospitalization was completed.
A separate 10-year statute of repose bars any claim brought more than 10 years after the act or omission, no matter when the injury was discovered. Children injured before age 12 have until their 14th birthday to file. Sending the required 60-day pre-suit notice tolls the deadline for up to 75 days.
What is the cap on medical malpractice damages in Texas?
Texas caps noneconomic damages only — pain, suffering, disfigurement, and loss of companionship.
Under Section 74.301, noneconomic damages are limited to $250,000 per claimant against physicians and other non-institutional providers, $250,000 against a single health care institution, and $500,000 total across multiple institutions — a maximum of $750,000.
Texas does not cap economic damages: medical bills, future care costs, and lost earning capacity can be recovered in full.
What are the four things that must be proven in a medical malpractice case?
Four elements must be established. Duty — a provider-patient relationship existed. Breach — the provider departed from the accepted standard of care.
Causation — that departure proximately caused the injury rather than the underlying illness, which is usually the hardest element to prove; damages — the injury produced real harm.
Texas also requires a qualified medical expert to support the breach and causation elements in writing before the case can proceed.
Can you sue a hospital in Texas, or only the doctor?
Both. Texas law allows claims against hospitals, nursing homes, ambulatory surgical centers, and home health agencies, as well as against physicians, nurses, and pharmacists.
A hospital can be liable for its own negligence — in hiring, credentialing, staffing, or supervision — and in some circumstances for the conduct of staff acting within the scope of employment. Identifying every responsible party matters, because each one carries its own damages cap.
Talk to Our Dallas Medical Malpractice Lawyers at Aldous Law
Listen: after a major injury caused by medical negligence, you need to speak with a qualified medical malpractice lawyer in Dallas.
Your rights are important and worth fighting for—and our Dallas team of dedicated medical malpractice attorneys is here to fight for you.
At Aldous Law, we are passionate about protecting our clients’ rights.
Our Dallas medical malpractice attorneys are committed to ensuring you get the justice you deserve. And we want to make sure that what happened to you won’t happen to anyone else, ever again.
For more information or to schedule a free initial case evaluation with an experienced medical malpractice lawyer, call Aldous Law today at (214) 307-6307!
