Medical Malpractice Laws in Texas
Medical Malpractice Statute of Limitations
Oxford languages define the statute of limitations as “a statute prescribing a period of limitation for bringing certain kinds of legal action.” The statute of limitations for medical malpractice injuries is two years from the date of the damage. It is two years for wrongful death from the date of the death. However, exceptions exist, including if facilities fall under the Texas Tort Claims Act in which the statute of limitations is one year from the incident/injury.
The Expert Report
The plaintiff must bring an expert report in a medical malpractice claim. The report includes information and the curriculum vitae of an expert utilized in the case. The report done by the expert goes to the court and any other applicable parties. Some guidelines are in place in Texas for choosing expert witnesses, such as considering potential expert witnesses’ current medical standing, qualifications, and knowledge of similar cases.
Damage Limits (Caps)
Texas has damage caps for which plaintiffs can seek in a medical malpractice claim. The non-economic damage cap is $250,000 per defendant named in the suit. Some facilities might have additional limitations for non-economic damages set to only $100,000. The amount recovered by the plaintiff varies on a case-by-case basis.
Liability in Texas is one of the most critical elements of medical malpractice laws. In certain instances, an individual can be considered jointly liable. Texas also recognizes vicarious liability where the hospital can be responsible for the actions of an employee.
If you’re considering filing a medical malpractice claim, contact Reynolds & Reynolds Law Firm. We can help you do so and guide you through the process. In addition, we can help you understand the medical malpractice laws of Texas and how they apply to your case, so contact us about your potential medical malpractice claim today. Also, don’t forget to follow us on Facebook for more information.