Medical Malpractice in Temple
Medical malpractice is defined as professional negligence, mistake or omission made by a health care provider where their care fell below the accepted standard and resulted in injury or death. While most cases of medical malpractice involve medical errors by physicians, not just doctors are to blame when malpractice occurs – nurses, pharmacists, therapists and anesthesiologists may also be responsible.
What You Can Sue For
If you or a loved one have been injured by medical negligence, there are a number of damages that you can sue for, including the following:
- Monetary Damages – including medical care, rehabilitation, lost wages, future lost wages, the cost of replacement services such as transportation to and from the hospital and doctor, household assistance, in-home medical care, damage to property, and vehicle repair or replacement.
- Non-Economic Damages – including loss of quality of life, emotional and/or psychological suffering, loss of livelihood, pain, suffering, and distress.
- Wrongful Death – including loss of your loved one's companionship, funeral expenses, loss of income contribution, loss of insurance benefits, loss of inheritance, and pain and suffering of the deceased prior to their death.
Limits on Liability
In 2003, the laws governing medical negligence, or malpractice, were overhauled by the Texas legislature. Under the new laws, you can sue for the actual costs of medical care, but limits have been placed on non-economic damages for intangible harms such as pain and suffering, disfigurement, physical and emotional distress, loss of enjoyment of life, and the loss of a loved one due to death. These intangible harms were capped at the following amounts:
- Single health care provider – $250,000 per claimant per defendant
- Multiple health care providers – $250,000 per defendant with a total cap of $750,000 per incident ($250,000 maximum from physicians and $500,000 maximum from health care institutions)
- Wrongful death claims - capped at $500,000
Non-economic harms that are caused by single or multiple health providers are not indexed for inflation, but wrongful death claims are adjusted annually.
Statute of Limitations
In Texas, the statute of limitations for medical negligence places a time limit of two years for filing a malpractice claim or lawsuit. You must bring a claim for medical negligence within two years of the date on which the malpractice occurred or within two years of the completion of your treatment, otherwise your claim will be forever barred. This two-year statute of limitations applies to malpractice claims even when the injury was not discovered within the two-year time frame; this does not apply if the harm was fraudulently concealed from the patient. Children that are harmed when they are under the age of 12 must file a claim by their 14th birthday or be forever barred from making a claim for their damages.
Zinda Law Group Will Fight For You
Medical malpractice harms tens of thousands of patients each and every year. There is no substitute for a skilled, experienced attorney. The attorneys at Zinda Law Group can provide the professional legal advocacy that you need to succeed in your claim. Our attorneys have decades of experience in representing personal injury cases including those caused by medical practitioners. If you have been injured and need legal representation, call Zinda Law Group. The call and consultation are free, and you don't pay unless we recover for you. Call us today at (800) 863-5312 and let us help you.