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The Basics of Medical Malpractice in Texas

If you believe your injury or medical condition was either caused by or worsened due to the negligence of a healthcare professional, you may be able to seek compensation through a medical malpractice lawsuit.

Negligence is an important aspect of a medical malpractice claim. For healthcare professionals to be considered negligent, they must have violated their duty of care to the patient. The duty of care a doctor owes to a patient depends on a variety of factors, such as the age and health condition of the patient and where the treatment occurred. A specific illness and patient may have a different standard of care in Texas than in New Mexico, for example.

Like any other type of personal injury case, there are certain statutes of limitation in place for medical malpractice claims. Under Texas law, patients injured during treatment must file their lawsuit within two years after the alleged incident of malpractice occurred. If the patient is unable to determine when the specific incident happened, the statute of limitations takes effect within two years after the end of the person’s hospitalization or treatment.

Common forms of medical malpractice include the following:

  • Surgical errors. Examples include incorrect incisions, operating on the wrong body part, and leaving surgical tools inside the body.
  • Medication errors. Examples include incorrect prescriptions, wrong dosage amounts, or a failure to prescribe medication.
  • Diagnosis errors. Examples are misdiagnosis and failure to diagnose. These can be particularly serious errors, as victims could be left without the treatment they need, or could receive treatment for conditions they don’t even have.

If you or someone you know has been injured or suffered an illness due to medical malpractice, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884.


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