Like every other state in the United States, medical negligence claims in Texas must include certain critical legal elements, such as duty of care owed, breach of duty of care, proximate cause, and damages. However, aside from these main elements of what constitutes medical malpractice itself, most states significantly differentiate on the process of how claims are filed, as well as regulate the potential outcome of many claims cases. The state of Texas is not exception to these factors, and in turn, the state includes some of the most comprehensive and recent tort reforms governing medical negligence claims since 2003.
As a patient, determining one’s legal rights following an act of medical negligence is one not easily answered, especially in light of the highly individual nature of each claims case, as well as the applicable state statutes governing medical negligence tort actions. For patients, the only competent and definitive resource for information regarding your own potential medical negligence claim is from a medical malpractice lawyer.
The State of Texas and State-Specific Requirements for Filing Claims for Medical Negligence
It is important to note that drastic changes occurred regarding tort claims involving medical negligence in Texas in 2003. As such, any claims case filed before the date of September 1st, 2003 will adhere to the old Texas statutes governing medical malpractice tort claims, and all others filed on or after this date will following the new statutes, which include some of the following requirements:
- The statute of limitations period applicable to medical negligence claims is stated as no more than two (2) years after tort cause of action. This statute of limitations period does not account for discovery versus actual date of cause of action, and in turn, the courts have returned varied opinions on how reasonable discovery plays a role in statute of limitations periods. Furthermore, rights of minors and others are also undefined.
- In most cases, Texas uses a doctrine of modified comparative negligence for medical negligence tort claims. This means a patient’s ability to recover damages is barred if they are found to be more than half-responsible (liable) for their damages, and if less than half, the amount of recovery is diminished proportionally, but not barred.
- Vicarious liability claims in Texas, which hold hospitals liable for employee acts of negligence, do exist, but the considerations made for non-employees and ostensible agents rely on a three-part decision process, which is not necessarily in favor of the patients in most cases.
- Within one-hundred and twenty (120) days, a patient must document and provide expert testimony regarding liability and causation in medical negligence claims.
- Damages are statutorily capped in Texas regarding economic and non-economic damages, which will vary based on the type of claim and number of potentially liable parties
Getting Legal Help with Claims for Medical Negligence in Texas
Texas is a large state with a large population, and in turn, the body of laws governing medical negligence claims cases are large, often riddled with current and relevant court precedents that interpret existing statutes. As a patient, the only chance at garnering any form of favorable recovery in a medical negligence claims case is through using the representation of a lawyer.
