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Texas Medical Malpractice


Texas medical malpractice lawsuits can be filed against healthcare professional—including doctors, nurses, or organizations—who fail to provide an acceptable standard of care for patients. When a patient suffers harm as a result of a decrease in the standard of care, a Texas medical malpractice lawsuit may be filed against the doctor, health care provider, or institution, whose actions caused the harm. Included in medical malpractice claims are claims of medical negligence.

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Texas Medical Malpractice Claims

DESCRIPTIVE TEXT Medical negligence involves situations or circumstances where healthcare professionals fail to treat their patients in a way that meets accepted medical standards of care. Simply making an error or having treatment result in a negative outcome is not necessarily a malpractice situation. To be medical malpractice, the healthcare provider must have provided care (or failed to provide care) in a way that a reasonable, competent professional would not.

In Texas, a claim of medical malpractice must establish that there was "willful and wanton negligence" involved. This means the medical professional has put the patient at extreme risk and was aware when providing medical care that they were putting the patient at risk.

Patients who wish to make a medical malpractice claim must show:

  • A provider/patient relationship (you cannot sue someone who gives informal advice at a party, for example, even if that person is a doctor)
  • There was willful and wanton negligence involved
  • That negligence caused injury
  • That injury led to damages

Patients are usually required to provide medical reports and diagnoses, testimony from experts, medical files and other related documents, and physical evidence to support their medical malpractice claims.

Under Texas Medical Malpractice laws, the highest non-economic damages a person can received from doctors or individual healthcare providers is $250,000. The highest non-economic damages that can be received from any one hospital is also $250,000.

Texas Medical Malpractice Lawsuit

In Houston, three medical malpractice lawsuits have been filed against an obstetrician accused of mismanaging births, resulting in the death of one infant and the severe disabilities of two others. According to the lawsuits the pregnancies were normal with no complications. The mothers have filed malpractice allegations against the doctor, the hospital they were treated at, and medical staff.

Texas Medical Malpractice Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
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TEXAS MED MAL LEGAL ARTICLES AND INTERVIEWS

From $20 Million to Fifty Bucks: Could the Same Thing Happen in Texas?
From $20 Million to Fifty Bucks: Could the Same Thing Happen in Texas?
May 25, 2017
Dallas,TX: A legal showdown is brewing in the state of Texas over that state’s cap on punitive damages. Texas medical malpractice lawyers representing plaintiffs who saw their $502 million jury award over failed DePuy Pinnacle hip implants reduced to $150 million, are challenging the state caps at the same time that DePuy principle Johnson & Johnson is appealing the original verdict [READ MORE]

Frivolous Medical Malpractice Suits Are Myth Says Lawyer
Frivolous Medical Malpractice Suits Are Myth Says Lawyer
January 20, 2016
Houston, TX Veteran Texas lawyer Kay Van Wey grits her teeth when she hears lawyers being accused of bringing “frivolous” medical malpractice suits. Van Wey has been practicing law for 30 years and most of her work has focused on patient safety. She represents people injured by medical errors, pharmaceuticals or medical devices [READ MORE]

Former Mechanic Awarded $10 Million in Medical Malpractice Case
Former Mechanic Awarded $10 Million in Medical Malpractice Case
July 12, 2009
Houston, TX A man who entered hospital for a heart operation and came out without his fingers, toes and minus his left leg has been awarded $10 million in a medical malpractice lawsuit. Under medical malpractice law, plaintiffs can pursue damages if medical malpractice negligence can be alleged [READ MORE]


TEXAS MED MAL SETTLEMENTS

$17.5 Million Awarded in Medical Malpractice by Dallas Jury


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