Houston Medical Malpractice Attorney

What is the Texas Statute of Limitations for Medical Malpractice?

The time in which you have to bring a medical malpractice claim, or “statute of limitations,” is generally two years from the date the negligent act or omission occurred. However, there are exceptions to the general rule, including the following:

• Continuing course of treatment is at hand. If you received treatment over a period of time, you may be able to argue that the two-year statute began running toward the end of your treatment, rather than the beginning.
• The injured party is a minor. The statute of limitations is complex and Texas law is unsettled in cases involving a minor. There are also inconsistencies between the statutes and what the Texas Supreme Court has ruled is constitutional. Therefore, if your case involves injuries you suffered while a minor or injuries to your child, it is extremely important you speak to a knowledgeable Houston, Texas medical malpractice attorney.
• The negligence was not discovered until the statute had run. Under certain limited circumstances, when an injured party discovers an injury after the two-year statute of limitations has run, he or she may be able to file a medical malpractice claim under the Open Courts provision of the Texas Constitution. This is also a complex area of the law, that should be served by an experienced Houston, Texas medical malpractice attorney.

A determination of the applicable statute of limitation should be made by an experienced Houston medical malpractice attorney after a review of the pertinent facts. In addition, there are other deadlines that may apply. This includes a ten-year “statute of repose” as well as a requirement that when a government entity is involved, notice of the claim is provided, sometimes as early as 90 days from the date of negligence. In addition, investigating medical malpractice cases takes more time than other cases and Texas law requires service of a written expert report shortly after filing suit. Therefore, if you believe you or a loved one has been injured by medical malpractice, it is critically important that you contact an attorney as soon as possible.

What Types of Medical Malpractice Claims Does The Brothers Law Firm handle?

If it involves medical malpractice, chances are we have seen it before.  Houston Attorney John Brothers has worked on thousands of medical malpractice cases involving almost every type of healthcare professional. While the most common cases are against doctors and hospitals (as a result of the negligence of the non-physician staff who work there), we also handle cases against dentists, chiropractors, podiatrists, medical transportation companies, rehabilitation hospitals, long term acute care facilities, assisted living facilities, nursing homes, free-standing emergency rooms and urgent care clinics, radiology centers, and home health agencies among others.

Information Regarding the Legal Process for Filing a Medical Malpractice Claim

The legal process for filing a medical malpractice claim may differ slightly depending on whether you are filing against a specific surgeon or healthcare provider or the hospital itself. While you expect to be healed when you go to a hospital, if instead you are harmed, then there are several steps we will take:

• First, we will interview you to find out your story about what happened.
• Second, we will obtain all relevant medical records and review them to identify potential issues and see whether it is a type of case where it looks like neglect has occurred.
• If so, third, we will send the case to an expert in the same field as the Defendant to review the care provided and draft a necessary expert report.
• Fourth, we will send a notice letter required by statute giving the defendant an opportunity to resolve the case without filing suit.

Once these steps are complete, we will file the lawsuit. Most of the time, this is the only way to get the compensation you truly deserve.

What Potential Compensation is Available in a Houston, TX Medical Malpractice Case?

Compensation in a Texas medical malpractice case can include economic and non-economic damages. In some cases, punitive damages could be available as well. Punitive damages cover actions by the medical professional or hospital that were willfully or maliciously negligent. Punitive damages are meant to punish the negligent party as well as to deter such behavior by other medical professionals. Economic damages refer to damages that have an actual financial number attached. These damages include medical expenses, future medical expenses, lost wages, and future lost wages. Medical expenses can include rehabilitative therapies and assistive devices necessary for your injuries.

Non-economic damages are more difficult to quantify since there is no actual financial number attached to them. Non-economic damages may include pain and suffering, both physical and emotional. Non-economic damages can also include loss of enjoyment of life, the inability to pursue normal hobbies or activities, the effects of a long-term or permanent disability, and loss of consortium (often brought by the spouse of the victim). Placing a dollar value on pain and suffering can be challenging, and is another reason it is important to speak with a lawyer like John Brothers who handles these types of cases every day.