Texas Law: How to Handle Injuries from Negligence During Surgery

Under Texas law, medical professionals are held to high standards of care, and when those standards are not met, patients may suffer serious injuries due to negligence during surgery. If you or a loved one have experienced an injury related to surgical procedures, understanding your rights and the legal process is crucial.

In Texas, medical negligence occurs when a healthcare provider fails to perform their duties to the accepted standard of care, which results in harm to a patient. This could include surgical errors, anesthesia errors, or failure to disclose important risks associated with a procedure. If you suspect negligence, the first step is documenting all relevant details related to the surgery, including medical records, invoices, and any correspondence with your healthcare provider.

Following an incident of suspected surgical negligence, it’s essential to seek immediate medical attention for any injuries. Your health should always be the primary focus. Once your medical needs are addressed, consult with a qualified medical malpractice attorney in Texas. They can evaluate your case and determine whether the healthcare provider acted negligently.

In a legal context, your attorney will need to prove that the surgical negligence directly caused your injuries. This typically involves establishing four key elements: the existence of a doctor-patient relationship, a breach of the standard of care, causation linking the breach to your injuries, and quantifiable damages such as medical expenses, lost wages, and pain and suffering.

One of the important aspects of pursuing a medical malpractice claim in Texas is the statute of limitations. Generally, you must file a lawsuit within two years of the incident. However, some exceptions may apply, such as if the injury was not immediately discoverable. Therefore, timely action is crucial for preserving your legal rights.

Texas law requires that, before filing a lawsuit for medical malpractice, you obtain a “certificate of merit” from a qualified expert. This document serves as an assertion that the claim is valid and that negligence likely occurred. The requirement ensures that only legitimate claims proceed, which helps to reduce frivolous lawsuits.

Once your claim is filed, the legal process can take time. Your attorney will gather evidence, consult with experts, and negotiate with the insurance company. If a fair settlement cannot be reached, the case may go to trial, where a jury will ultimately decide the outcome based on the presented evidence.

In Texas, damages in medical malpractice cases can be significant. However, it’s important to note that there are caps on certain types of damages in medical negligence cases, particularly for non-economic damages like pain and suffering. Understanding these limitations is critical when pursuing compensation.

Victims of surgical negligence deserve justice and financial compensation for their injuries. Navigating the complexities of medical malpractice law in Texas can be challenging without professional guidance. Securing an experienced attorney can make the process smoother and increase the likelihood of a favorable outcome.

If you’re facing injuries due to negligence during surgery, take action today. Consult with a legal expert who specializes in medical malpractice to discuss your situation and begin the journey toward recovery and justice.