Austin Medical Malpractice Lawyer
Simply stated, Medical Malpractice refers to a preventable mistake made by a health care professional and/or facility that causes the patient harm resulting in injury or death. Majority of cases involved medical error, missed possibility in diagnosis, and mistaken medical dosage. No one should have to suffer to preventable medical errors. Throughout the years, our office has seen first hand medical mistakes that have resulted in death. If you or a family member has been injured or killed, contact Austin Medical Malpractice Attorney Joe Lopez Law for a free case review.
According to the Leapfrog Group, a nonprofit organization, Hospital errors are the third leading cause of death in the U.S. This statistic is alarming, and according to Journal of Patient Safety, up to 440,000 die annually from preventable mistakes at Hospitals. Hospital are supposed to be a place where someone can have the confidence to heal. If someone is severely ill or injured, we have expectations that well-educated, highly trained professionals will care for us.
Common causes of Medical Negligence are delayed misdiagnosis, failure to diagnose a disease, anesthesia errors, surgical errors, hospital Infections, post surgical infections, medication errors, Child Birth Injuries, and Birthing injuries to the mother to name a few. Diagnosis related injures and deaths made up 33% of the allegations for medical malpractice in 2012. Close behind that were surgery related injures and deaths which comprised of 24%. The highest percentage of malpractice allegations were related to Failure to Diagnose, making up 20% of all payouts.
Medical Malpractice Laws in Texas
Similar to personal injury cases, medical malpractice cases are governed by a statute of limitations. The statute of limitations is the amount of time one has to file a lawsuit against another party. The general rule in Texas is they must file the lawsuit within 2 years after the malpractice incident occurred. In some cases its difficult to pin point when exactly occurred and therefore the statute of limitations is set after 2 years after the completion of treatment or hospitalization. Since there are strict limitations upon harmed patients, it’s important to consult with an Austin Medical Malpractice Attorney as soon as possible.
In all medical malpractice cases we ask for money to compensate you for your damages. Damages are monetary awards to compensate you for your injuries. There are economic damages which reimburse you for your past and future medical expenses and lost wages from work. There can also be non-economic damages, which are intangible in nature, such as pain and suffering.
As a result of House Bill 4 that was passed in 2003, Texas now has a limit on what a patient can recover from negligent doctors and hospital. $250,000 is the max limit on non-economic damages for all doctors and other individual healthcare providers. This same $250,000 non-economic damages cap is also placed on hospitals. So if you file a lawsuit against a doctor, the law states you can recover no more than $250,000 in non-economic damages against the doctor, and $250,000 against the hospital for non-economic damages.