I have been suffering severe back pain ever since I had spinal surgery to fuse some discs four years ago. In a recent check up, I had x-rays done and it turns out the back surgery was done incorrectly, and I will have to have another surgery to fix the problem.
I know there is a time limit to file a medical malpractice suit in Texas, and someone also told me Texas has a cap on the amount of money that can be awarded. How does that work? I have been unable to work for over three years because of severe spinal pain.
Answer:
Yes, there is a time limit to file a medical malpractice lawsuit in Texas. It's called the statute of limitations, and it runs for two years from the date of the injury. However, there is a strict time limit of 10 years after which no action may be brought. It sounds odd, but it is in place for cases just like yours, where the discovery of medical malpractice takes place at a much later date.
So in your case, you should be able to bring a medical malpractice claim in Texas courts, because the medical malpractice was not discovered until a later date.
As far as damages caps are concerned, Texas has placed a cap of $250,000 on non-economic damages. However, there is not cap on the amount of money that may be awarded for economic damages such as lost income, future lost earning ability and medical expenses (past, present and future).
What are Non-Economic Damages? Why the Cap?
Non-economic damages are those which cannot be numerically calculated. The most notable non-economic expense is pain and suffering. People will often claim that they suffered pain unnecessarily, and demand that they be compensated for it.
Many states, including Texas and California, have placed a limit on how much money can be paid for pain and suffering. The reason for the cap is that many medical malpractice lawsuits were ending up with verdicts of several million dollars for pain and suffering, and many thought it was contributing to higher medical care costs.
The cap is an attempt to reduce the cost of medical malpractice insurance for doctors and hospitals, and in turn, reduce the cost of medical care. The unfortunate part is that many victims of medical malpractice that do not have high incomes end up with cases that may not be worth prosecuting for a medical malpractice lawyer.
If a medical malpractice victim does not have a lot of economic damages, such as a large income which can no longer be earned, then the potential award may not be more than the cost of investigating and prosecuting the claim.
Lost Income, Medical Expenses and Other Economic Expenses
In your case, you will be limited to $250,000 for your pain and suffering, however, you will be able to collect money for all the income you did not earn over the past three years, as well as any income you cannot earn in the future due to your injury. Additionally, any medical expenses paid, as well as estimated future expenses can be claimed through the lawsuit.
You and your medical malpractice lawyer will need to prove that your original back surgery was performed in a negligent way. Once medical negligence has been proved, and you are able to show how it caused your injury, you will have a good medical malpractice case.
Ultimately, you will need to talk to a medical malpractice lawyer to determine the exact strength of your case. All medical malpractice lawyers will offer a free consultation where you can get qualified legal advice regarding your options.
Click the links below for more information about medical malpractice laws in Texas, as well as a great page on medical negligence, or click the "talk to a lawyer" button to be connected with several local medical malpractice lawyers for a free consultation.
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Posted by Staff Writer on 05 Feb 2010