As patients, we trust our doctors, nurses, hospitals, and other health care personnel to provide appropriate care. When a medical professional breaks this trust and fails to meet the applicable standard of care, this can cause serious harm – something that can carry potentially life-changing consequences.
These cases are often complex because not every unsuccessful treatment or unexpected outcome constitutes malpractice. That’s why it’s so important to work alongside an attorney who can help review the patient’s condition, the treatment provided, and whether or not the health care provider’s conduct fell below the acceptable standard of care.
Djiba Law is a trusted medical malpractice law firm in Austin that puts clients' best interests first, no matter what. If you believe negligent medical care caused serious harm to you or a loved one, Attorney Malick Djiba can help evaluate the circumstances of the incident and help determine whether you have a viable claim to pursue. The most important thing to remember is that you don’t have to navigate this legal process alone.
Medical malpractice is generally referred to in Texas as a health care liability claim. These are cases that involve negligence by a physician or other health care providers. Claims often arise when a provider fails to act in accordance with the accepted standards of care, and that failure causes an injury.
Potential examples of this include:
When it comes to medical malpractice, the key question is not simply whether the patient experienced an undesired outcome. The entire scope of the case must be evaluated to determine whether and how the provider departed from the applicable standard of care and whether that departure directly caused harm.
Medical malpractice cases in Texas can involve many complex medical and legal factors. The process of determining whether negligence occurred often requires in-depth review of medical records, diagnostic information, treatment plans, test results, communications between providers, and other similar evidence.
Potential liable parties can include physicians, hospitals, clinics, and nurses, depending on who provided the care and what caused the injury. Expert medical testimony frequently plays an important role in identifying responsible parties. Texas law generally requires that a claimant in a health care liability case serve an expert report that addresses the applicable standard of care, the alleged failure to meet that standard, and the relationship between the failure and the injury. This report usually must be served within 120 days after each defendant files an original answer.
Medical records are central to any malpractice investigation. They can help establish the patient’s treatment before the treatment, what care was provided, when important decisions were made, and how the patient’s condition changed afterward. Other evidence that may be submitted includes billing records, diagnostic images, prescriptions, communications, and witness information.
It is also worth noting that Texas usually requires a health care liability claim to be filed within two years of the applicable occurrence, breach, or completion of the treatment or hospitalization at issue, subject to specific statutory exceptions. There is also a 10-year statute of repose for these claims. Before filing suit, claimants must provide each physician or health care provider with written notice at least 60 days before filing.
If you believe a physician, hospital, or other health care provider’s negligence caused serious harm, you may be facing difficult physical, emotional, and financial challenges. You do not have to face those questions alone.
To find out whether you may have a viable claim, contact Djiba Law at (512) 547-5742 to discuss the details of your situation and start making educated decisions about your future.
