When you turn to a medical professional for health care, you hope that they will do everything in their power to make you whole. While many doctors do, things don’t always go as planned. Talk to a healthcare liability attorney if you believe your doctor provided care below the appropriate standard of care.
What is a Healthcare Liability Claim in Texas?
Under Texas law, you have a claim if it’s against a health care provider, involves treatment or the failure to treat that leads to injury or death, and reflects a departure from accepted medical and health care standards.
Does this sound like what you’ve experienced? If so, contact our injury attorneys at Simmons and Fletcher, P.C., and let’s talk about your potential claim.
Healthcare Liability vs Medical Malpractice
Medical Malpractice is Now Just One Aspect of Healthcare Liability
Prior to 2003, Medical malpractice was its own subset of personal injury law. When you spoke to a medical malpractice lawyer, you were generally talking about cases that involved a medical procedure gone wrong. The following practice areas are examples of traditional medical malpractice claims in Texas:
- Vitamin B1 deficiency misdiagnosis following laparoscopic surgery
- Birth injury
- Negligently performed ESIs
- Failure to diagnose appendicitis leading to rupture
- Wrong side or wrong site surgery
- Negligent monitoring during surgery recovery
- Gallbladder surgery errors
Healthcare Liability Goes Beyond Medical Malpractice
When the Texas legislature enacted the Health Care Liability Act in 2003, they expanded the laws regulating traditional instances of medical malpractice to cover a wide variety of injury claims that occur during the provision of medical care but may not even be directly related to providing medical care. Here are some examples of personal injury claims that often now fall under the Health Care Liability Act depending upon the circumstances:
- Pharmaceutical negligence – wrong prescriptions handed out
- Slip and falls in medical facilities
- Falls in nursing homes
- Sexual assault by a medical or dental professional
- Nursing home negligence
Why It Matters if You Have a Healthcare Liability Claim
The Texas Health Care Liability Act blurred the lines between traditional tort claims and medical malpractice claims. This matters because claims under the Health Care Liability Act are subject to a stringent set of rules and notice requirements that must be met to proceed with a Health Care Liability Claim. Failure to follow the rules could result in your claim being dismissed and forever barred. That is why it is critical to have an attorney you can trust to understand the difference and protect your best interests. Call Simmons and Fletcher, P.C. at (713) 932-0777.
Do I Need a Healthcare Liability Lawyer?
A healthcare liability lawyer is critical to protect your rights when a negligent medical provider causes you harm. Texas laws are full of traps and pitfalls designed to defeat healthcare liability lawsuits before they even get off the ground if you do not present expert testimony of a medical standard violation from the start. Trying to sue a healthcare provider without hiring a lawyer is reckless.
What You Need in a Healthcare Liability Attorney
Now that you know you may benefit from an attorney, you need to understand what kind of lawyer to look for. Make sure the attorney you call on:
- Understands health care liability law — You certainly do not want a divorce lawyer handling your health care liability claims. They may be a great lawyer, but you need someone who regularly handles personal injury claims.
- Is one of integrity — Simmons and Fletcher, P.C. is a Christian law firm. What does that mean to you? We operate with the utmost integrity. That means every move we make on your behalf, and every person we connect you with, will handle your case with compassion and integrity. Your well-being is our top priority.
- Fights with extreme aggression — When it comes to filing health care liability claims, you cannot afford to hire a lawyer who sits back and lets events unfold. Instead, you need a trial lawyer who prepares for your case as if he has to fight all the way to the courtroom—even though you have a solid chance of settling long before.
Contact Us for a Free Consultation Today
If you think you have a legitimate claim, we can help. Finding a healthcare liability lawyer in Texas can be difficult because of changes in the law passed under the banner of tort reform. Caps on damages and strict legal requirements can make these cases challenging to handle. At Simmons and Fletcher, P.C., if we cannot assist you, we will try to help you find a healthcare liability claim lawyer who handles your type of case. As a result, we may refer some cases to another attorney for handling — with the client’s permission.
FAQ's
What does a healthcare liability attorney cost?
Most Texas healthcare liability attorneys work on a contingency fee basis since healthcare liability law is a subset of personal injury. That means they get paid from what they recover for you.
1. What is a healthcare liability claim in Texas?
Under Texas law, you have a claim when it’s brought against a health care provider, involves treatment (or a failure to treat) that leads to injury or death, and reflects a departure from accepted medical and health care standards.
Does a healthcare liability claim only cover medical malpractice?
No. Since Texas enacted the Health Care Liability Act, the definition has broadened well beyond traditional malpractice. It can also cover things like nursing home negligence, pharmaceutical/prescription errors, slip-and-falls at medical facilities or nursing homes, and sexual assault by a medical or dental professional — as long as the injury occurred in connection with the provision of medical care.
Do I actually need a lawyer for a healthcare liability claim, or can I file on my own?
Yes. Healthcare liability claims are so complex and full of pitfalls that many lawyers won’t handle them. A non-lawyer should never try to handle these alone.
Texas law includes strict procedural rules and notice requirements for these claims, and failing to meet them — including presenting expert testimony on the standard-of-care violation from the outset — can get your case dismissed and permanently barred.
