North Texas Medical Malpractice Claims
Banner, Briley & White
In 2003, the Texas Legislature repealed the Medical Liability and Insurance Improvement Act enacted in 1977 and revised it to institute a sweeping change in the way medical malpractice action lawsuits are handled in the courts of our state.
As a result, the number of medical malpractice claims and the number of plaintiff's lawyers willing to take these cases has decreased dramatically. Unfortunately, these decreases are not due to a sudden rise in the quality of medical care or conscientiousness of doctors. They are due to the fact that this new legislation places a high burden of proof on the plaintiff and at the same time severely limits what they can recover if they manage to prove their case.
Our firm still takes medical malpractice claims in the Wichita Falls area and North Texas region. We don't take every case. But we do take the cases we truly believe in. With that said, some of the key issues and facts that victims of medical malpractice will want to be aware of in a health care liability claim against a physician or health care provider include:
The elements of a cause of action:
- The Defendant had a duty of care to the Plaintiff;
- The Defendant breached its duty by failing to conform to the required standard of care; and,
- The Defendant’s breach proximately caused the Plaintiff’s injury.
In addition to establishing the basic elements, viable medical malpractice claims in the State of Texas also require the following:
- You must have suffered a severe, continuing injury or disability that cannot be cured or adequately repaired
- You must prove that your injury or disability is the result of the healthcare provider’s negligence and if not for that negligence you would not have the injury or disability
If your claim meets both of these criteria you should be aware of the following:
1. Section 74.301 of the Texas Civil Practice & Remedies Code has capped all non-economic damages awarded to the Plaintiff at $250,000.00 for a physician or health care provider and at $500,000.00 for two or more physicians or health care providers. There is no cap on economic damages, and exemplary damages are not capped but cannot be unreasonable.
2. Section 74.303 of the Texas Civil Practice & Remedies Code has capped most actual and exemplary damages for wrongful death and survival claims against a physician or health care provider at $500,000.00. Medical, hospital or custodial care expenses are not capped.
3. Section 108.002 of the Texas Civil Practice & Remedies Code has capped negligence by emergency room doctors at a hospital owned or operated by a local government at $100,000.00 in actual damages. Exemplary damages are not capped but cannot be unreasonable.
Three Types of Damages
- Economic damages are those amounts you can prove you incurred or lost such as actual medical charges, ambulance services, rehabilitation costs, medications and lost wages. It is possible to recover the total amount of these charges in the event of a favorable jury verdict.
- Non-economic damages are those intangible, but still very real, damages such as pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, physical and/or mental impairment and loss of consortium. The absolute top dollar you could be awarded for these damages would be $250,000.00.
- Exemplary damages are damages granted when it is proven by clear and convincing evidence that the Defendant’s conduct amounted to gross negligence, malice or fraud. These damages are not capped at a specific dollar amount but they cannot be unreasonable.
Statute of Limitations
If you believe you have been harmed by the negligence of a medical health professional such as a physician, surgeon, nurse or a hospital and/or its employees, you should be aware that Texas imposes a statute of limitations under section 16.003 of the Texas Civil Practice & Remedies Code, which states that you have two years from the date of the occurrence in which to file a lawsuit or to settle your claim or you may be barred from recovery.
If you wish to pursue a medical malpractice action you should contact an attorney at your first indication of negligence in order to allow time to properly evaluate and investigate your situation before the statute of limitations runs in your case.
Getting Started
Our firm handles medical malpractice claims on a contingency basis. This means it will cost you nothing to get us started on your case. Our attorneys collect a fee only if you receive compensation from those responsible for your injuries.
To arrange for a free consultation, call our Wichita Falls, Texas, offices at 940-692-5000.
