Additional Procedural Requirements for Texas Medical Malpractice Cases
There are naturally procedural requirements for personal injury cases in Texas. However, due to an increase in the number of medical malpractice cases – some of which are ultimately found to be meritless – Texas lawmakers have imposed additional medical malpractice procedural requirements for all medical malpractice claims. To bring a Texas medical malpractice claim, it is critical that you be aware of these requirements. If you or a loved one has been injured by medical malpractice, you need an experienced Central Texas personal injury attorney.
Requirement of Notification
Under the Texas Civil Practice and Remedies Code, in order to bring a medical malpractice claim, the injured party must notify every named defendant of his or her intent to file a lawsuit at least 60 days prior to doing so. Additionally, this notice must include authorization to release the injured party’s relevant medical records.
Requirement of an Expert Report
In addition to notifying the defendants of the ensuing claim, the injured party must provide each defendant with an expert report that summarizes the particulars of the case within 120 days of filing. This expert report must encompass and summarize three primary concerns:
The qualified expert’s opinion related to the standard of care that should apply under the circumstances
The way or ways in which each defendant failed to meet this standard of care
The causal relationship between each defendant’s failure and the injured party’s injuries
Failure to comply with these requirements can lead to the inability to recover on one’s damages.
When these Requirements Apply
Exactly when these additional requirements apply is open to considerable debate and significant litigation. While the Texas Civil Practice and Remedies Code espouses that the requirements apply to “health care liability claims,” there remains some room for ambiguity. For instance, a claim that addresses a health care professional’s decisions regarding a patient’s medical treatment likely falls within these classification parameters. If, on the other hand, a patient slips and falls on a wet hospital floor, the additional requirements are unlikely to apply because there is no expectation of a medical standard of care involved in the accident. Above all else, however, it is important to recognize that medical malpractice claims are complicated, and you need skilled legal counsel.
If You Have Been Injured by Medical Malpractice, Consult with an Experienced Central Texas Personal Injury Attorney Today
If you or your loved one has been injured by medical malpractice, you know how devastating that is. We look to medical professionals, after all, to help us regain our health, and when their negligence instead leaves us injured, it can be especially difficult. Personal injury attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Central Texas has the experience, commitment, and compassion to help you obtain the best possible resolution to your case. Your rights and your rightful compensation matter, and Mr. Pritchard is here to help. For more information, please contact or call us at (254) 220-4225 today.