Welcome to M&A - medical malpractice experts

Medical malpractice is a professional negligence action that can be brought against healthcare provider for acts or omissions that has deviated from accepted standards of practice in the medical community and causes injury or death to you. If you or a loved one has been injured because of a doctor or hospital negligence, you then need a lawyer with experience, settlement negotiating skills, and medical science knowledge.

We, at M&A Law Firm, offer you a free case review and consultation. So, do not wait, time is not on your side, give us a call today.

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Medical Malpractice

Medical Malpractice takes place when a patient is injured because a doctor (health care provider) has wrongfully, improperly, and negligently diagnosed or improperly treated that patient's medical condition. For example, malpractice might have occurred if a doctor failed to prescribe a certain type of medication or a hospital's staff neglected to perform a specific tests in order to make a complete evaluation of a patient. In certain instances, the medical error is apparent, however in most cases there are complicated medical issues that need to be completely evaluated before determining whether medical malpractice has actually occurred.

Elements of a medical malpractice claim:

The health care provider owed a duty to the patient

The health care provider breached that duty

The patient suffered an injury

The patient's injury was a proximate cause of the health care provider's breach

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MEDICAL MALPRACTICE CASES

Examples of medical Malpractice Cases:

Wrongful Death

Nursing Home Neglect

Pharmacy Errors

Orthopedic Injuries

Anesthesia Injuries

Retinal Detachment or Other Eye Problems

Failure to Timely Diagnose a Key Illness

Birth-related Injuries

Foreign Object Left in during Surgery (Sponge/Surgical Instrument)

Surgical Errors

Failure to Diagnose

Paralysis

Heart Attacks

Texas medical malpractice

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action.

Examples of Medical Malpractice include:

Misdiagnosis of, or failure to diagnose, a disease or medical condition

Failure to provide appropriate treatment for a medical condition

Unreasonable delay in treating a diagnosed medical condition

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Limits on malpractice damages

Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00. Total liability for any one health care facility may not exceed $250,000.00, and total liability for all defendant health care facilities may not exceed $500,000.00. This creates an effective overall damages cap of $750,000.00.

Collateral source rule

Under the collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage.

Rules for expert witnesses

A medical expert witness must be a licensed physician who is practicing medicine and/or has knowledge of the standards of practice relevant to the claims against the defendant.

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Joint and several liability

Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Texas has abolished joint liability for defendants found to be less than 51% at fault for the plaintiff's injury.

Statute of limitations

Medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury, but not more than ten years after that date. For injuries to minors below the age of twelve, a malpractice suit must be commenced by the date of the minor's fourteenth birthday.

Additional rules

At the commencement of litigation a plaintiff must file a $5,000 cost bond, place $5,000 in an escrow account, or file an expert report for each physician or health care provider listed in the complaint attesting to the merits of the claim against that physician or health care provider.

Expert reports are to be submitted by the plaintiff to the defendant and to defense counsel within 120 days of the filing of the complaint.

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If you have a loved one who has been a victim of medical malpractice, please contact M&A Law Firm. The consultation is completely free and confidential. Why should you have to suffer for the negligence of others? Let us fight to get you everything you deserve. We are the LAWYERS ON YOUR SIDE™.