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Hodges & Foty, LLP > Medical Malpractice  > What Is a Medical Malpractice Lawsuit in Texas?

What Is a Medical Malpractice Lawsuit in Texas?

Legally reviewed by David W.Hodges and Don J. Foty

Medical MalpracticeWhen you go visit a doctor for an annual check-up or to receive medical care for an injury, you put your trust into these medical professionals to care for you to the best of their abilities. Unfortunately, no one is perfect, and even trained and experienced medical professionals can make a mistake. When a medical professional acts negligently while caring for a patient and their actions result in the patient’s harm, this is referred to as medical malpractice. If you were injured by medical malpractice, you have the opportunity to pursue justice by filing a lawsuit.

Hodges & Foty, LLP is a law firm in Texas that helps clients who have suffered due to the negligence of a medical professional. We understand that individuals who have been harmed in an occurrence of medical malpractice may be unsure of what their next steps should be. To learn more about how to build a strong medical malpractice claim, contact our Texas legal team by calling (713) 523-0001 today. 

Everything You Should Know About a Medical Malpractice Lawsuit in Texas

In the state of Texas, medical malpractice lawsuits can be filed for patients who have received damaging treatment, lack of treatment, or other departures from the accepted standard of medical care expected of healthcare professionals. 

Are You a Victim of Medical Malpractice?

A key factor in all medical malpractice lawsuits is that it must be proven that you have suffered directly due to the healthcare professional’s negligence. To prove you were the victim of medical malpractice, you must prove the following elements to pursue a case:

  • There was a doctor-patient relationship, or medical professional-patient relationship
  • The medical provider breached their duty by failing to act in a way that another reasonably skilled healthcare provider with comparable training would have done
  • You suffered harm due to the medical professional’s failure to uphold the duty of care owed to you
  • You have suffered losses as the result of a medical provider’s negligence

The relationship between a healthcare professional and patient usually begins the moment the healthcare professional accepts the individual as a patient and begins care. 

Examples of Medical Malpractice in Texas

While every case is different, some common examples of medical malpractice are as follows:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to obtain consent from the patient
  • Incorrect treatment
  • Mistakes during the treatment process
  • Surgical mistakes
  • Anesthesia errors
  • Amputation errors

If you were the victim of medical malpractice, you have the right to pursue justice by filing a Texas lawsuit with the help of an experienced attorney.

Understanding Texas’ Medical Malpractice Statute of Limitations

In most cases, the statute of limitations in the state of Texas for medical malpractice is two years from the date of the negligence act. This means that an individual who wishes to file a medical malpractice lawsuit only has the legal right to do so no later than two years after the date of the medical malpractice occurrence. After that point, they will have forfeited their legal right to pursue legal action and the case becomes barred and cannot go forward in a Texas court. 

However, there are instances where this may be challenged and exceptions are made. These exceptions include the following:

  • The injured party is a minor
  • The negligent healthcare professional is a government employee
  • The negligence was not discovered until after the expiration of the statute of limitations
  • The medical care was provided over a continued course of time

To ensure you are able to pursue justice and recover damages, such as medical expenses in the past and future, it is imperative you speak with an experienced medical malpractice lawyer in Texas who will ensure you file within the state’s statute of limitations.

File Your Texas Medical Malpractice Lawsuit With Hodges & Foty, LLP

Suffering an injury as a result of the negligent actions of a medical professional you trusted can be highly upsetting. However, you can get justice for the losses you have suffered by filing a medical malpractice lawsuit with the help of one of our Texas attorneys.

The attorneys at Hodges & Foty, LLP have more than 40 years of combined experience representing clients who have suffered due to medical malpractice. Our team is board-certified in personal injury law, and we are here to fight for you.  For a free evaluation to discuss your Texas medical malpractice case, contact us here or call (713) 523-0001.

Hodges & Foty, LLP

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