Medical Malpractice
Tried and trustworthy Texas medical malpractice attorney
Lawsuits involving medical malpractice are typically very complex and expensive to litigate. The Law Office of Greg Jackson has the resources to pursue and win medical malpractice cases. The potential for a medical malpractice case arises when:
- Any health-care professional—doctor, nurse, dentist, technician, or hospital worker, among others—or any healthcare institution, acting by and through its medical personnel, commits an act that is not in accordance with the medical standard of care, or fails to do something that reasonable medical judgment requires
- The conduct results in injury, loss, or harm to a patient
Texas Civil Practice and Remedies code - Chapter 74
Chapter 74 is the starting point for understanding medical malpractice law in Texas. Ch. 74 requires pre-suit notification and expert reports early in the litigation process. Ch. 74 places caps on damages and sets a two-year statute of limitations for medical malpractice claims. Greg Jackson has a solid understanding of the key provisions of Ch. 74 and is qualified to practice in the highly specialized area of medical malpractice in Texas.
Medical malpractice statute of limitations/Pre-suit notice
Ch. 74 provides that no medical malpractice action may be brought more than two years from the date of the wrongful act or, in limited circumstances, from the completion of treatment. The medical malpractice statute of limitations, which is two years from the date of injury, and not the wrongful death statute of limitations, which is two years from the date of death, applies to claims brought for malpractice resulting in death.
The medical malpractice statute of limitations applies to health care claims, even if the injury was not discovered in time to bring a cause of action. This is a strong departure from the common law discovery rule. The discovery rule fixes the start of the statute of limitations period when the injury is discovered, or should have been discovered, not when the negligence occurred. The plaintiff can, in very limited circumstances, extend the statute of limitations. The statute of limitations can be extended 75 days upon notice of intent to assert a claim.
Any person asserting a health care liability claim is required to give written notice of the claim to each physician or health care provider against whom the claim is made at least 60 days before filing a suit.
Because the two-year statute of limitations starts to run from the date of injury—not when the injury is discovered—and because there is a pre-suit notice requirement under the Ch. 74, it is critical that you consult Greg Jackson immediately if you suspect that a client, a family member, or a friend has a potential claim for medical malpractice. Adequate time must be allowed to collect medical records, expert opinions, and other information necessary to evaluate a potential claim and to meet the filing requirements of Ch. 74.
Expert reports
Within 120 days after filing a lawsuit, a plaintiff must file one or more expert report for each defendant. The expert’s report must state the expert’s opinion that the standard of care was violated and that this breach was the cause of the patient’s injury. If the report is inadequate, the case may be dismissed.
Expert testimony
To qualify as an expert witness against a physician in a malpractice claim, the witness must be a physician with board certification or other substantial experience relevant to the claim that is practicing or teaching in an area of medicine that is relevant to the claim (or was at the time the claim arose). Within 120 days after filing a medical suit, a plaintiff must serve each defendant physician or health care provider with an expert witness report, or reports, along with curriculum vitae for each expert. Greg Jackson works with respected medical professionals and qualified experts in every field that might be appropriate for Texas malpractice cases.
