Medical malpractice remains one of the most complex areas of personal injury law. In Dallas, TX, patients entrust their lives to physicians, surgeons, nurses, and other healthcare providers. When this trust is broken due to negligence or substandard care, the consequences can be physically, emotionally, and financially devastating.
If you or someone you love has suffered an injury or complication due to medical negligence, you should get representation from experienced medical malpractice and personal injury lawyers in Dallas.
What Constitutes Medical Malpractice in Texas?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or death to a patient. The “standard of care” refers to the level of care and skill that a reasonably competent healthcare provider would have provided under similar circumstances.
A simple mistake or a poor outcome isn’t necessarily medical malpractice. Instead, the plaintiff must prove that:
- A doctor-patient relationship existed.
- The provider owed a duty of care.
- That duty was breached by negligent action or omission.
- The breach directly caused the injury.
- The injury resulted in damages (e.g., medical bills, pain, lost income).
Common Types of Medical Malpractice in Dallas, TX
While any healthcare provider can commit malpractice, certain types of errors are more frequently seen in litigation:
Misdiagnosis or Delayed Diagnosis
One of the most common bases for malpractice claims, misdiagnosis can prevent patients from receiving timely treatment or expose them to inappropriate or harmful interventions. In cancer, stroke, or cardiac cases, a delayed diagnosis can be fatal.
Surgical Errors
These errors range from operating on the wrong body part to leaving surgical instruments inside the patient. Even when surgery is correctly performed, failure to monitor post-operative complications may constitute malpractice.
Medication Errors
Prescribing the wrong drug, incorrect dosage, or failing to recognize dangerous drug interactions can lead to severe injury or death. These claims may also involve pharmacies or nursing staff.
Anesthesia Errors
Anesthesiologists have a duty to monitor vital signs and adjust medication levels during procedures. Errors in dosage or monitoring can cause brain damage or death within minutes.
Birth Injuries
Obstetric malpractice can result in serious injuries such as cerebral palsy, Erb’s palsy, or maternal hemorrhage. These cases often involve claims against OB-GYNs, hospitals, or nurses.
Hospital Negligence
Hospitals may be held liable for negligent hiring, inadequate staff supervision, or failure to maintain safe facilities. Claims may also include emergency room errors or improper discharge.
Statute of Limitations for Medical Malpractice in Texas
Texas law imposes strict deadlines for filing medical malpractice lawsuits. In most cases, the statute of limitations is two years from the date of the injury or the end of treatment by the defendant provider. However, there are exceptions:
- Discovery Rule: If the injury wasn’t immediately discoverable, the two-year period may begin when the patient first knew or should have known of the injury.
- Minors: For children under 12, the statute may be extended until the child’s 14th birthday.
- Statute of Repose: Regardless of the above, no claim may be filed more than 10 years after the act of malpractice.
Missing the applicable deadline generally results in dismissal of the claim, so prompt legal action with help from experienced medical mishap lawyers in Dallas is critical.
Pre-Suit Requirements in Dallas Medical Malpractice Cases
Before a medical malpractice lawsuit can proceed in Texas, the plaintiff must comply with certain procedural requirements:
Expert Report Requirement
Texas Civil Practice & Remedies Code § 74.351 mandates that within 120 days of filing suit, the plaintiff must serve each defendant with an expert report and curriculum vitae. This report must establish the standard of care, how it was breached, and how that breach caused injury. Failure to serve a compliant report may lead to dismissal with prejudice and possible sanctions.
Who Can Be Sued in a Medical Malpractice Case in Dallas, TX?
Depending on the facts, multiple parties may be named in a malpractice lawsuit:
- Physicians (general practitioners, specialists, surgeons)
- Nurses and nurse practitioners
- Anesthesiologists
- Radiologists
- Hospitals and medical centers
- Urgent care clinics
- Laboratories or diagnostic facilities
- Pharmaceutical providers (in limited circumstances)
Each potential defendant is held to the standard of care appropriate to their training and responsibilities.
Get Dallas Malpractice Legal Representation from Our Medical Negligence Attorneys
If you or a loved one has suffered injuries or complications due to medical negligence, Amanda Demanda Injury Lawyers are here to help. Our experienced Dallas medical negligence attorneys understand the complexities of Texas medical malpractice law. We have the resources and determination to take on powerful healthcare providers and insurers. We fight relentlessly to secure the justice and compensation our clients may be entitled to. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
