Tort claims arise when another party causes someone injury or harm because of a civil wrong. Personal injury cases include numerous types of tort claims. It is a broad category of claims including, but not limited to, claims involving car accidents, slip and fall accidents, and dog bites.
Personal injury involves negligence, intentional torts, strict liability, product liability, and other wrongdoing. Medical malpractice is a type of personal injury that occurs when a doctor or medical provider causes a patient injury or harm.
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What Is a Medical Malpractice Claim?
Malpractice is professional negligence. It is a tort committed when a professional (i.e., healthcare provider) breaches their duty of care to a patient. The breach of duty causes injury and damages for the patient.
Examples of parties who could be liable for a medical malpractice claim include, but are not limited to:
- Doctors and physicians
- Hospitals
- Nursing homes
- Dentists
- Pharmacists
- Nurses
- Laboratories and diagnostic facilities
- Surgeons
Because medical malpractice claims are complex personal injury cases, it is essential to work with an attorney. A personal injury attorney may handle a medical malpractice case.
However, working with lawyers with extensive experience handling malpractice claims is best. A general personal injury lawyer without experience handling medical malpractice claims may not thoroughly understand the differences in the process and law governing these types of cases.
Common Types of Medical Malpractice Claims in Texas
Medical errors and negligence are more common than patients like to acknowledge. Medical malpractice covers a wide range of things that go wrong when receiving healthcare and medical treatment.
Examples of negligence, errors, and wrongdoing that could lead to a medical malpractice claim include:
- Mistakes with diagnosis, including failure to diagnose, misdiagnosis, delayed diagnosis, and diagnostic mistakes
- Medication errors, including anesthesia errors, giving a patient the wrong medication or wrong dose, etc.
- Surgical mistakes, including operating on the wrong patient, leaving a foreign object inside a patient, and performing the wrong procedure
- Birth injuries caused by mistakes or negligence during labor and delivery
- Failing to treat a patient or order the necessary medical tests
- Nursing home negligence and emergency room errors
- Failing to account for or listen to a patient’s symptoms or review a patient’s medical history
- Failure to provide adequate post-treatment care and follow-up
- Performing treatments or services while intoxicated or using drugs
Not every dissatisfactory experience is medical malpractice. Also, adverse reactions to medications and other unavoidable complications may not support a malpractice claim.
How Are Personal Injury and Medical Malpractice Claims Similar?
Medical malpractice and personal injury claims have several similarities, including:
Injured Parties and Civil Torts
All personal injury and medical malpractice claims involve injury or harm to someone. Another party’s civil torts (i.e., actions or inactions) caused the victim to be injured and incur damages. The cases involve negligence, intentional acts, and recklessness.
Monetary Compensation for Damages
The court cannot undo the injuries and suffering a victim incurs. However, the courts can require the at-fault party to pay non-economic damages to compensate the victim for their pain and suffering. These damages include:
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Mental anguish
- Reduced quality of life
- Physical discomfort
- Impairments and disabilities
The court can also order the at-fault party to reimburse the victim for their financial losses. Economic damages include:
- Medical bills
- Rehabilitative care
- Lost wages and benefits
- Out-of-pocket expenses
- Physical treatment
- Diminished earning capacity
The circumstances and factors involved in the case determine how much the case is worth. For example, catastrophic injuries may increase the value of damages. On the other hand, contributory fault can decrease how much you receive for a claim.
Burden of Proof
The burden of proof in medical malpractice and personal injury cases rests with the injured party. You must prove that the other party owed you a duty of care, breached the duty of care, and caused your injuries and damages.
The burden of proof is by a preponderance of the evidence. This level of proof is lower than a criminal case’s beyond a reasonable doubt. The evidence you present must convince a jury it is more likely than not that the other party caused your injuries.
How Are Personal Injury and Medical Malpractice Claims Different?
Medical malpractice and personal injury claims have several differences, including:
Pre-Suit Notice
Texas Civil Practice and Remedies Code §74.051 requires the injured party to notify each defendant in a medical malpractice case of their intent to file a claim. The notice must be in writing and provided at least 60 days before filing a medical malpractice lawsuit.
Reports by Medical Experts
The Texas Code also requires the injured party to serve each defendant a copy of a report by a qualified medical expert supporting the victim’s negligence claim. The report must be served on the defendants within 120 days after the defendant files a response to the lawsuit.
In some cases, the court may require a healthcare provider who was not involved in the malpractice claim to review the medical records. The purpose is to corroborate the evidence supporting a malpractice claim.
Additionally, expert witnesses are not always necessary in personal injury cases. However, medical experts are always required for medical malpractice cases. A medical expert needs to explain the medical standard of care in your situation and how your doctor’s actions deviated from that standard of care.
Texas Statute of Limitations
The statute of limitations is two years from the injury date for most personal injury lawsuits filed in Texas. You could lose the right to pursue a case through the legal system if you miss the deadline.
The statute of limitations in a medical malpractice case begins with the date of the harmful act or omission. However, the time to file a medical malpractice lawsuit may begin with the date the harm was discovered or should have reasonably been discovered.
Because the statute of limitations could differ in your case, it is best to seek legal advice as soon as possible to avoid missing a deadline.
Caps on Damages
There are no caps on personal injury or medical malpractice cases for economic damages (i.e., financial losses and expenses). In general personal injury cases, there is no cap on non-economic damages (i.e., pain and suffering).
However, Texas limits the amount of non-economic damages awarded in medical malpractice claims. The most you can receive for pain and suffering damages in a medical malpractice lawsuit is $250,000 per defendant, with a maximum of $500,000 per case.
Learn More by Calling Our Personal Injury Law Firm in Houston, TX
If a doctor or other party caused your injuries, call Attorney Brian White Personal Injury Lawyers for a free consultation with a Houston medical malpractice lawyer. We can help you seek the compensation you deserve for injuries and damages caused by another party’s negligence or wrongdoing.
