Medical malpractice lawsuits are one of the most complex types of personal injury cases, and they can be difficult to pursue.
If you were injured due to your trusted medical professional’s negligence, an experienced personal injury attorney may be able to help. A Round Rock medical malpractice lawyer could thoroughly investigate your potential claim and work to ensure you are justly compensated for the injuries caused by your healthcare provider.
Elements of a Medical Negligence Claim
To establish a medical malpractice claim, one must prove four elements:
- Duty – the defendant is a healthcare provider who owed the injured patient a legal duty of care
- Breach – the healthcare provider breached their duty by not meeting the required standard of care
- Causation – the healthcare provider’s breach of care proximately caused or contributed to causing injury to the patient
- Damages – the injured patient suffered damages as a result of the injuries
Many legal questions arise when trying to establish all four elements of a medical negligence claim. Fortunately, an experienced and skilled Round Rock medical malpractice attorney could help by thoroughly analyzing case law and statutes.
Medical Malpractice Statute of Limitations
Texas Civil Practice and Remedies Code §74.251 establishes a strict two-year statute of limitations on an injured or sick patient’s right to file a medical malpractice suit. The two years begin on the date that the malpractice incident occurred, or if that date cannot be determined, then two years after the completion of treatment or hospitalization. Sometimes it may be hard to pinpoint the date of the injury if a patient does not know right away they have been harmed. Due to this strict time limitation, it is important to consult with a medical malpractice attorney in Round Rock as soon as possible after an injury occurs so that the claim is not barred simply for missing the statute of limitations.
Affidavit of Merit Timing Requirement
Another timing requirement that affects a medical malpractice statute of limitations is the affidavit of merit. Upon filing a medical malpractice claim, the individual must also submit an affidavit of merit from a qualified medical expert within 120 days of filing the lawsuit. Failure to file this affidavit may result in the claim being dismissed due to failing to comply with the statute of limitations. A Round Rock medical malpractice lawyer could help ensure the timeliness of this affidavit.
Limitation on Damages
Another tort reform that affects medical malpractice cases is a limitation, or cap, on non-economic damages. Non-economic damages can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. Under state law, there is a per-claimant $250,000 cap on non-economic damages against a physician or health care provider, a per-claimant $250,000 cap on non-economic damages against a single healthcare institution, and in cases involving multiple healthcare institutions, there is an overall cap of $500,000 in non-economic damages for each claimant.
Economic damages, such as payment for medical care, reimbursement of lost income, compensation for lost earning capacity, and other financial losses are not capped. A skilled medical negligence lawyer in our area could help an individual recover their just and fair damages, both economic and non-economic.
Consult with a Round Rock Medical Malpractice Attorney
Tort reform laws have changed the landscape of medical malpractice claims. Consulting with a knowledgeable and experienced lawyer who understands how to navigate this environment could help ensure that you are financially compensated for your physical and emotional pain.
Let a qualified and skilled Round Rock medical malpractice lawyer ease your burden – call for a free consultation today.