Doctors, nurses, and other healthcare professionals have a duty to conduct themselves in a way that other professionals of the same experience and training would. For example, if the standard of care is to prescribe antibiotics after a specific surgery and a physician fails to do so, they have likely engaged in medical malpractice. If this breach causes injury and damages to the patient, the patient could have grounds to file a lawsuit with the help of a Houston medical malpractice lawyer.
The Various Types of Medical Malpractice
Based on the definition of medical malpractice, there are thousands of ways that a medical professional could commit an action that gives rise to a medical malpractice claim. The most common types of medical malpractice claims in Texas are:
. Providing wrong or a delayed diagnosis
. Birth injury
. Failure to provide timely treatment
. Prescribing the wrong medication
. Surgical errors including wrong-site surgery
. Anesthesia errors
. Failure to warn a patient or obtain consent
If you are wondering if an experience or a poor outcome you had is a reason to pursue a legal claim, it is best to consult with an experienced medical malpractice attorney in Houston.
Medical Malpractice Damage Caps in Texas
Each state has the ability to cap or limit the amount of compensation a plaintiff could receive from a settlement or a jury award for their damages resulting from medical malpractice. These laws are a part of tort reform and are meant to help control the rising costs of liability insurance for healthcare providers.
As per Texas Civil Practice & Remedies Code §74.301, Texas residents have damages caps as follows in their medical malpractice cases:
. $250,000/plaintiff cap on non-economic damages in medical malpractice cases against a physician or health care provider
. For medical malpractice cases against a single health care institution, a per-claimant $250,000 cap on non-economic damages
. When a case involves multiple health care institutions, there is an overall cap of $500,000/plaintiff for non-economic damages
. A single institution will not pay more than $250,000 in non-economic damages per plaintiff
These “Caps” apply only to non-economic damages such as pain and suffering. There are no Caps on Economic Damages such as treatment expenses, medical bills, lifecare expenses, lost wages, medications, and other out of pocket expenses. Every case is different, and case values depend on many various factors. Not only do damages caps potentially affect how much your case could be worth but the value of your medical bills, the extent of your pain and suffering, and the likelihood that you will heal and b able to return to your normal life are all factors.
To learn more about how these caps might impact your case, speak with a medical malpractice lawyer in Houston about the specifics of your case.
Schedule Your Consult with a Houston Medical Malpractice Attorney Today
Victims of medical malpractice incidents often feel betrayed by their healthcare providers. They may have injuries or damages that will impact them for the duration of their lives. No amount of money will ever wholly make up for the loss they endure. However, we could help you get the maximum compensation possible in your case.
We serve medical malpractice clients in the Pasadena-Houston Metro area. To schedule your consultation, contact or call the Ghuneim Law Firm at 281-487-8929 today.