PRACTICE AREAS

Medical malpractice

Medical malpractice claims are governed by the Texas Medical Liability and Insurance Improvement Act. Article 4590i of the Act applies to "health care liability claims." A "health care liability claim" is a cause of action, whether in tort or contract, against a health care provider or physician for treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety which proximately results in injury or death to the patient.

A "health care provider" is any:

• Person;
• Partnership;
• Professional Association;
• Corporation;
• Facility; or
• Institution duly licensed or chartered by the State of Texas to provide health care as a registered nurse, hospital, dentist, podiatrist, pharmacist, or nursing home, or an officer, employee, or agent thereof acting in the course and scope of employment.

What is The Duty of Care Owed to Texas Patients?

A health care provider owes a patient the duty to act as a reasonable and prudent health care provider would under the same or similar circumstances. A health care provider breaches this duty of care if he or she does something a reasonable and prudent health care provider would not do under the same or similar circumstances, of fails to do something that a reasonable and prudent health care provider would have done under the same or similar circumstances. Of course, the existence of a formal relationship between the health care provider and the patient is required.

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If you and/or a family member have suffered serious or fatal injuries due to an accident, you and/or the family member may be eligible to file a claim. However, persons seeking to preserve any potential legal claims should contact an attorney promptly because Texas has mandatory time periods ("Statute of Limitations") in which a lawsuit must be filed.