If you were injured because of hospital negligence, whether it was by an employee, staff member or someone else the hospital was responsible for, you can sue for medical malpractice in the state of Texas. While it is true that medical malpractice suits are complicated from the get-go, and that the hospital's insurance carriers are likely to fight tooth and nail because of the amount of money at stake, you deserve to be compensated for an injury you received due to negligence.
What is Medical Negligence?
Although your attorney can explain the different forms of negligence to you, and guide you through suing your Texas hospital, the following list contains some instances of hospital negligence:
- Failure of the hospital to ensure it's staff has the required education, training and licensing.
- Failure to make sure that non-employees who work in the hospital have the proper credentials. These employees are known as independent contractors such as an "attending physician," and your hospital is liable for them as well as it's regular staff.
- Failure to have enough staff on hand and putting patient's at risk because of this failure.
- Failure to keep proper patient records, or worse, losing patient records.
- Failure of a nurse of technician to give the proper medicine in the correct dosage.
- Failure of a nurse to follow your prescribed treatment plan or doctor's instructions.
- Failure of a surgical team member to remove an object in your body after surgery, or failure to properly dress a post-surgery wound.
Statute of Limitations
It is imperative that you hire an attorney immediately and discuss the particulars of your case as there is a two year statute of limitations regarding health care liability claims in Texas. The state of Texas does, however make a provision for an injury that is not discovered until after the time has begun to run. If the statute that limits the claim to two years would bar a claim before the claimant has a reasonable opportunity to discover the wrong and bring suit, an exception may be granted. In such a case, there is still a time limit of 10 years. Additionally, Texas requires that a plaintiff must, within 120 days of filing a health care liability claim, provide expert reports which address the issues of liability and causation for each physician or health care provider against whom a claim is asserted.
Types of Damages
Your attorney will explain the different types of damages you may claim. Texas has placed a $250,000 cap on non-economic damages, such as pain and suffering, however there is no cap on lost income, medical expenses and other economic expenses.
