Harsh Laws Affect Recovery on Medical Malpractice Claims in Texas
Our Houston litigation attorney protects patients’ rights to compensation for injuries caused by medical negligence
The Texas legislature passed the Medical Liability and Insurance Improvement Act (MLIIA) in 1977 to protect doctors from unfair lawsuits. Lawmakers amended the statute in 2003, eliminating provisions found unconstitutional and adding language touted as tort reform. The MLIIA protects doctors from fraudulent suits, but to the detriment of patients who have legitimate claims of negligence.
Founded by Attorney George “Buck” Cire, Cire Law Firm in Houston helps you traverse these complex rules so you can get the compensation you deserve for your medical injuries. We candidly explain how the MLIIA affects your case and strategize ways to maximize your payout.
Elements of a medical malpractice claim in Houston
Not every injury resulting from medical care is considered medical malpractice. To prevail on a claim, you must prove that:
- Your healthcare provider owed you a duty of care.
- The medical professional or entity breached the duty owed to you.
- You were injured because of the breach.
- You suffered damages related to the injuries.
Statute of limitations for medical negligence lawsuits
In most cases, you have only two years to file your claim against a medical professional or facility that injured you. You forfeit your right to recover damages if you do not file by the expiration of the statute of limitations. In addition, you are required to give notice to each defendant at least 60 days before filing a lawsuit. Note that the statute of limitations does not begin to toll until a minor reaches the age of majority, so if your child was born with a birth defect, you may have a valid claim until the child is 20. Wrongful death claims are also governed by medical malpractice statutes of limitations.
Caps on medical malpractice damages in Texas
The MLIIA imposes caps on medical malpractice damages. The law limits the liability of healthcare providers for noneconomic damages to $250,000 total, regardless of how many defendants are found liable. Damages for wrongful death resulting from medical malpractice are capped at $500,000. However, liability of each institution is individually capped at $250,000. The total possible cap is set at $750,000 if multiple defendants are found responsible for your injuries — at most, $250,000 for doctors and $500,000 for entities.
An attorney who thinks outside the box is better able to get you the full amount you deserve. For example, we may sue the pharmaceutical or medical device company that manufactured a defective medical product. Likewise, we consider whether to sue a third party that contributed to your personal injury, such as an outside contractor who negligently supplied goods or services to the hospital where you were injured.
Recover damages from the doctor or hospital that injured you in Houston
Recover compensation from negligent doctors and facilities that caused you harm. Call Cire Law Firm in Houston at 713.532.6206 or contact us online to schedule your free claims review at our Houston office in the Galleria area just off the 610 Loop. We can also make house calls and hospital visits if your injury prevents you from coming to us. Flexible appointments are available. We serve clients throughout Harris and Montgomery counties. You do not pay any lawyer fees unless we obtain compensation for you.