Medical Malpractice Liability in Austin
Medical malpractice is the incidence of professional negligence, mistake or omission made by a health care professional whereby their treatment falls below the accepted standard of care and causes injury or death. Most cases of medical malpractice involve medical error and it should be noted that not just doctors are to blame when malpractice occurs –nurses, dentists, pharmacists and anesthesiologists also have a standard of care that they must adhere to.
In 2003, the medical negligence laws underwent a complete overhaul in Texas. Under the new law, you can still sue for the actual costs of medical care, but the liability limits for non-economic damages were capped based upon the type and number of health care providers that are found to be negligent.
- Single health care provider – capped at $250,000 per claimant per defendant / the cap is not indexed for inflation
- Multiple health care providers – capped at $250,000 per defendant with a total cap of $750,000 ($250,000 max from physicians and $500,000 max from health care institutions) / the cap is not indexed for inflation
- Wrongful death claims - capped at $500,000 / the cap is adjusted annually for inflation
Limits of Liability
Texas follows the doctrine of comparative negligence for tort claims. This means that the party bringing the claim of malpractice may not recover if they are more than 50% responsible for their injuries. If the claimant is more than 0% but less than 50% responsible, then their recovery will be diminished in proportion to their degree of fault. Example: if the claimant is found to be 30% responsible for their injuries, than an award for $100,000 will be reduced by 30%, or $30,000.
Statute of Limitations
A statute of limitations is a law that places a time limit on the amount of time a legal remedy can be pursued. Under Texas law, you must bring a claim for medical negligence within two years of the date on which the malpractice occurred or within two years from the completion of the treatment. The two year statute of limitations applies even if the injury was not discovered within the two-year time period unless fraudulently concealed from the patient, then the statute would be extended. Minors under the age of 12 that have been harmed by medical negligence must file a claim by their 14th birthday or be forever barred.
Zinda Law Group Will Fight For You
In the United States, medical negligence harms tens of thousands of patients every year. If you were injured by a negligent doctor or question whether medical malpractice was committed by your health care professional, you need to contact the Personal Injury attorneys at Zinda Law Group. We will go over your case with you and help you to understand what your legal rights are.
Our attorneys have decades of experience in representing personal injury cases caused by medical negligence. If you have been injured and need experienced legal representation, then you need to call us. Your call is free and the consultation is free too. Unless we recover for you, we don’t get paid. Call us today at (800) 863-5312 to speak with an attorney today.