Houston Medical Malpractice Attorney
At the Neese Law Firm, we understand how devastating the injuries suffered at the hands of a health-care provider can be and how they just seem to get worse as you are faced with medical bills, lost wages, pain and suffering, and decreased quality of life. While money can never truly repair all the damage, it is the remedy the law offers. John Neese and the Neese Law Firm are passionate about helping injury victims recover for their injuries to the fullest extent possible, and we have a proven track record of doing just that.
Medical malpractice law in Texas can be confusing, and with the enactment of the Medical Liability Act (“MLA”) in 2003, Texas medical malpractice law has become more challenging for injury victims. For that reason, it is more important than ever to have a board-certified personal injury attorney with substantial experience in medical-malpractice cases.
Time Limits on Bringing Your Claim–Statute of Limitations
What is an Expert Report?
In this context, an expert report is a report prepared by a medical professional that details how a physician, nurse, or hospital was negligent, and just how that negligence caused the injuries. One or more separate reports must be prepared for each health care provider named in the lawsuit. The expert report is a technical document, and it must meet the precise legal standard set out in the statute.
If the report is defective or is not served within 120 days, the court may grant a 30-day extension to allow the claimant to correct the problem. However, if the problem is not corrected, the court will dismiss the case with prejudice, which means it cannot be brought again. The defendant is then also entitled to collect reasonable attorney’s fees from the claimant. That means the injured person may end up paying attorney fees for the doctor who caused the injury! Obviously, this is another reason why you need an experienced medical malpractice attorney to ensure that the expert report is done correctly.
Who Pays for the Expert Report?
As you might imagine, experts charge for their time, and it isn’t cheap. A credible expert may charge thousands of dollars, depending on the complexity of the case and the number of negligent defendants. It is important to hire a medical malpractice attorney who is willing to invest the money needed to hire the right expert for your case, even if it means a large outlay up front. A not-so-good malpractice attorney may place your case at risk by cutting corners and not hiring the right expert for your case.
Damages in Texas are broken into two main categories–actual and exemplary. Actual damages are those damages actually experienced by the victim. Exemplary damages are designed to make an example out of the defendant, so that other health-care providers will take more care not to commit the same type of malpractice.
Actual damages are further broken down into two subcategories–economic and non-economic. Economic damages are for harm which is easily associated with specific financial loss, such as lost wages and medical expenses. Non-economic damages are for things like pain and suffering and mental anguish.
Statutory Damage Caps
Unlike other types of injury cases, medical malpractice cases have limits on the amount of damages an injured party can recover. This is due to a tort-reform measure implemented by the legislature in the form of “damages caps.” Damages caps operate to set a maximum dollar amount available to an injured party for non-economic damages, such as pain and suffering and disfigurement. The cap varies depending on the type of claim and the type of provider against whom the claim is brought. For example, negligence by a doctor is capped differently than a for-profit hospital, and a for-profit hospital differently than a charity hospital. It can be confusing, but an experienced medical malpractice attorney will be able to explain how damages caps may or may not affect your case.
Common Examples of Damages Caps
In a case of negligence by a non-volunteer physician or other health-care provider, which is one of the more common types of cases, non-economic damages are capped at $250,000 for doctors and all individuals and $250,000 for all hospitals and other institutions for a total of $500,000.
For any medical malpractice injury, it is crucial to speak with a qualified, experienced personal injury attorney as soon as possible to determine and understand your options. John Neese, at the Neese Law Firm, is board certified in personal injury trial law by the Texas Board of Legal Specialization, and has been helping clients suffering from medical malpractice injuries for 14 years. At the Neese Law Firm, we are dedicated to making sure you have the right attorney for your case. Give us a call and speak with an attorney today.
