Medical malpractice is the avoidable mistakes made by medical professionals towards the patients. Medical treatments include risks and there are situations which were unavoidable. But if the issue is created by negligence from the medical professional then there is a case of medical malpractice.
A patient should aware of the local medical malpractice laws as the laws may seem quite confusing at times. Also knowing the law will be helpful for the victim to get the perfect compensation for the harm has been done. There are law firms that can explain the laws to the people. Texas residents should have a clear understanding of the basic terms of the law.
What is Considered as a Medical Malpractice is Texas?
Texas counts medical malpractice as a health liability claim. By Constitution, it can be any kind of crime. For example, any treatment mistake, negligence, failure or any other action that breaks the standard of care can be brought under claim. Any avoidable misdeed is punishable by the law.
Limitations of the Claims
Almost every state has some limitations on the medical malpractice law to prevent the fraud cases. In Texas, the claim should be filed within two years of the incident. If a child faces misdeeds in 10 years of age the claim should be filed before the kid reaches 12. The claim should always be filed within 2 years from the event. Although the state gives special consideration of 10 years for special cases.
Who is the Defendant?
The health care liability claims can be filed against any individuals and institutions. It means that the claim can be filed against any medical professional as well as the organization where the treatments took place. The criteria can include doctors, nurses, hospitals, pharmacists etc. The victim him/herself can file the claim or someone on behalf can file a claim. In fact, a claim can be filed against the Texas estate if the victim dies and the estate is responsible by any means. A person who has the proof that he/she is damaged by the personal injury can file a claim. This can be family members, insurance organizations and even the office where the injured person works in.
Limit of the Compensation
The maximum amount depends on the number of the defendants. In Texas, if the claim is found to be true the maximum amount of the compensation will be – a maximum of $250000 for a single medical professional, a maximum of $250000 for a single institution/facility with a max of two, and a total not exceeding a $7500000.
When Should the Victim Seek for Lawyers?
If you or someone you care about has become injured by medical negligence, you need help to show that negligence happened. Medical facilities, doctors, nurse practitioners and insurance companies have a wide array of assets available, including skillful defense attorneys on their side, and set up numerous obstructions to protect themselves. As there is some limitation a Texas resident should consult a personal injury lawyer as soon as possible. It will provide enough time to plan and think about the situation and compensation.
Contact a Competent Houston Lawyer Who Specializes in Medical Injuries
The lawyers at The Hastings Law Firm specialize in representing families and victims of medical malpractice throughout Texas. If you feel you or a loved one may have suffered malpractice due to carelessness, we encourage you to make contact with our expert team of lawyers to go over your options. We are able to provide you with a totally free and private case analysis so that you can identify the best plan of action based on full understanding of your options. All cases are handled on contingency, so you never pay a fee until we recover compensation for you.
Hastings Law Firm
5100 Westheimer Rd. Suite 200
Houston, TX 77056
Medical Malpractice Lawyers in Houston [No Win No Fee] Hastings Law Firm Houston Texas