Welcome to Rush & Gransee’s legal blog, where we shed light on complex legal matters affecting individuals across Texas. In today’s post, we delve into a topic that touches the lives of countless patients and their families: medical malpractice suits.
As experienced Texas personal injury attorneys, we understand the profound impact that medical errors and negligence can have on the lives of those affected. Medical malpractice suits are among the most challenging and emotionally charged areas of law, requiring a deep understanding of both medicine and the legal system.
In this blog post, we’ll explore the fundamentals of medical malpractice suits, including what constitutes medical malpractice, common types of medical errors, the legal standards for proving malpractice, and the steps involved in pursuing a malpractice claim in Texas.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider’s actions or omissions deviate from the accepted standard of care, resulting in harm to a patient. In other words, medical malpractice occurs when a healthcare professional fails to provide treatment that meets the level of care expected of them, leading to injury, illness, or worsening of a patient’s condition.
Unfortunately, according to the U.S. National Practitioner Data Bank, Texas ranks second in the county for amount of medical malpractice suits in 2022 — over 3,500 were filed, with an average settlement of just north of $250,000.
Parties Liable for Medical Malpractice
In the realm of medical malpractice, a variety of parties can be held accountable for patient harm. These include healthcare providers like doctors, surgeons, nurses, anesthesiologists, dentists, chiropractors, and other medical professionals involved in patient care. These individuals may face liability if their actions, or lack thereof, result in patient injury.
Beyond individual practitioners, hospitals and other healthcare facilities such as clinics and medical centers can also be held responsible. This liability may be vicarious, stemming from the actions of their employees, or direct, due to issues like inadequate staffing, negligent hiring, or failure to maintain essential equipment and facilities.
Furthermore, pharmaceutical companies might be liable for harm caused by their drugs, especially if the medications are defective or have dangerous side effects that were not adequately disclosed. Similarly, manufacturers of medical devices are accountable if their products, such as surgical implants or diagnostic tools, fail and lead to injuries.
Medical malpractice is a serious issue that can have devastating consequences for patients and their families. Understanding what constitutes medical malpractice and who may be held liable is essential for protecting the rights of those who have been harmed by medical negligence.
If you or a loved one has been injured due to medical malpractice, it’s important to seek legal guidance from experienced Texas personal injury attorneys. At Rush & Gransee, we are committed to advocating for the rights of medical malpractice victims and holding negligent healthcare providers and facilities accountable for their actions.
I want to thank Mr. Rush for his determination in fighting a stubborn insurance after getting hit from the back. Mr. Rush did not give in and persisted and got the insurance to settle. He kept me informed every step of the way. Elsa was an angel and was always prepared to answer questions . Thank you so much for taking care of me!”
- Laurie Armendariz Medina
Robert Rush is a very competent lawyer who helped me to settle my claim with insurance company due to a bike accident. He diligently worked for the case and took care of everything including my medical bill. Right from the beginning I was very impressed with his dealings. I would strongly recommend him to anyone who needs an injury lawyer. Thanks Robert."
- Sajjadur Rahman
Working with Mr. Rush was a great experience. I would trust a family member to him. He provided me with high quality service and individual attention. I came to him from another law service and the difference was night and day. He always kept me informed and explained the situation thoroughly. He was very down to earth and easy to understand. I really appreciate how he handled my case. Thank you!"
- Joey Saldana
The Challenges in Pursuing Medical Malpractice Suits
From complex medical evidence to formidable legal defenses, pursuing justice for victims of medical negligence requires knowledge, resources, and a strategic approach. Below are some of the key challenges inherent in medical malpractice suits — and how legal representation can help overcome them.
Complex Medical Evidence
One of the primary challenges in medical malpractice suits is the complexity of medical evidence. Unlike other personal injury cases where the cause of injury may be more straightforward, medical malpractice cases often involve intricate medical procedures, terminology, and standards of care. Presenting and understanding this evidence requires collaboration between legal professionals and medical experts who can interpret medical records, testify to accepted standards of care, and explain how the defendant’s actions deviated from those standards.
Burden of Proof
In Texas, as in most states, plaintiffs in medical malpractice suits bear the burden of proving their case by a preponderance of the evidence. This means demonstrating that the defendant healthcare provider breached the standard of care owed to the patient, and that this breach directly caused the patient’s injuries. Meeting this burden can be challenging, particularly when healthcare providers and their insurers vigorously defend against malpractice claims and dispute allegations of negligence.
Statute of Limitations
Texas imposes strict time limits, known as statutes of limitations, on filing medical malpractice claims. Generally, injured patients have two years from the date of the alleged malpractice to initiate legal action. However, there are exceptions and nuances to these deadlines, such as the discovery rule, which extends the statute of limitations if the patient could not reasonably have discovered the malpractice within the two-year period. Navigating these time limits requires prompt action and careful consideration of the specific circumstances of each case.
Legal Defenses
Healthcare providers and their insurers often employ aggressive legal defenses to challenge medical malpractice claims. Common defenses include arguing that the patient’s injuries were caused by pre-existing conditions, unforeseeable complications, or inherent risks of the medical procedure. Additionally, defendants may assert affirmative defenses such as contributory negligence, assumption of risk, or immunity under the law. Successfully countering these defenses requires thorough preparation, strong evidence, and persuasive legal arguments.
Jury Perception
Medical malpractice cases can be emotionally charged and complex, making them challenging to present to juries. Jurors may struggle to understand technical medical concepts or may sympathize with healthcare providers facing allegations of negligence. Effective trial advocacy and jury selection are essential to overcoming these challenges and persuading jurors to find in favor of the injured plaintiff.
Despite the challenges inherent in medical malpractice suits, injured patients have the right to seek justice and compensation for harm caused by medical negligence. At Rush & Gransee, we are dedicated to advocating for the rights of medical malpractice victims and tirelessly pursuing justice on their behalf.
I want to thank Mr. Rush for his determination in fighting a stubborn insurance after getting hit from the back. Mr. Rush did not give in and persisted and got the insurance to settle. He kept me informed every step of the way. Elsa was an angel and was always prepared to answer questions . Thank you so much for taking care of me!”
- Laurie Armendariz Medina
Robert Rush is a very competent lawyer who helped me to settle my claim with insurance company due to a bike accident. He diligently worked for the case and took care of everything including my medical bill. Right from the beginning I was very impressed with his dealings. I would strongly recommend him to anyone who needs an injury lawyer. Thanks Robert."
- Sajjadur Rahman
Working with Mr. Rush was a great experience. I would trust a family member to him. He provided me with high quality service and individual attention. I came to him from another law service and the difference was night and day. He always kept me informed and explained the situation thoroughly. He was very down to earth and easy to understand. I really appreciate how he handled my case. Thank you!"
- Joey Saldana
What is Medical Malpractice Insurance?
Medical malpractice insurance is a specialized form of professional liability insurance designed to provide coverage to healthcare providers and healthcare facilities in the event that they are sued for medical negligence or errors resulting in patient harm. This type of insurance is essential for protecting healthcare professionals and institutions from the financial consequences of malpractice lawsuits, including legal defense costs, settlements, and judgments.
Purpose of Medical Malpractice Insurance
The primary purpose of medical malpractice insurance is to mitigate the financial risks associated with medical malpractice claims and lawsuits. By carrying medical malpractice insurance, healthcare providers and facilities can safeguard their assets, preserve their reputations, and ensure continuity of care for their patients. Additionally, medical malpractice insurance provides peace of mind to healthcare professionals, allowing them to focus on providing quality patient care without constant fear of litigation.
Texas Laws Governing Medical Malpractice Insurance
Medical malpractice insurance in Texas is regulated through a blend of state legislation, administrative rules, and industry norms. A crucial element of this regulation involves mandatory reporting: Healthcare providers must notify the Texas Medical Board of any medical malpractice claims or settlements within 30 days of their resolution, with non-compliance possibly leading to disciplinary actions.
Interestingly, while Texas law does not require individual healthcare providers to have medical malpractice insurance, it does mandate that healthcare facilities like hospitals and certain outpatient surgical centers maintain a minimum level of medical liability insurance or show equivalent financial responsibility through other means.
Texas has also implemented several tort reform measures designed to curb the liabilities faced by healthcare providers and to lessen both the frequency and severity of medical malpractice claims. These reforms include setting caps on non-economic damages, establishing criteria for expert witnesses, and introducing pre-trial screening panels.
Moreover, healthcare providers in Texas can adopt various alternative risk management strategies. Beyond traditional insurance, options such as self-insurance, captive insurance, and risk retention groups are available, helping providers control costs and manage risks more effectively.
Robert L. Rush
Founding Partner
Kurt W. Gransee
Founding Partner
Key Components of a Personal Injury Case
To successfully navigate a personal injury case, including those concerning medical malpractice, it is essential to establish certain critical elements that prove liability and facilitate the recovery of damages. The process begins by demonstrating a “Duty of Care.” This foundational element requires the plaintiff to show that the defendant had a responsibility to act in a manner that prevents harm to others, which varies by the situation. For instance, drivers are expected to operate their vehicles safely, while property owners should ensure their premises are safe for visitors.
The next step involves proving a “Breach of Duty.” This occurs when the defendant fails to fulfill their duty through negligent or wrongful actions—be it reckless driving, inadequate medical care, or a failure to keep a property safe.
Following this, the plaintiff must establish “Causation.” This involves linking the defendant’s breach directly to the plaintiff’s injuries, demonstrating that the defendant’s actions or negligence directly caused the harm experienced by the plaintiff.
Finally, the plaintiff must confirm “Damages.” This means providing evidence that they suffered actual losses due to the defendant’s conduct. These losses can include medical bills, lost earnings, pain and suffering, emotional distress, and other related damages. Each of these components is vital for building a robust personal injury case and securing the deserved compensation.
Damages in Medical Malpractice Suits
In medical malpractice suits, the damages awarded to plaintiffs reflect the varied and specific impacts of each case. Compensation might include medical expenses for both past and future treatments necessary due to the malpractice, such as hospital stays, surgeries, and rehabilitation. Additionally, plaintiffs can seek reimbursement for lost earnings, covering both income lost during the recovery period and potential future earnings that might be compromised due to the injury’s long-term effects.
Compensation also extends to pain and suffering, which includes physical pain, emotional distress, and psychological trauma resulting from the malpractice. This encompasses mental anguish and a diminished quality of life. Furthermore, damages might address the negative impact on the plaintiff’s relationships with their spouse or family members, covering losses in companionship, affection, and support.
In instances of egregious misconduct or intentional wrongdoing, punitive damages may also be awarded to not only punish the defendant but to deter similar behavior in the future. This comprehensive approach to compensation highlights the complex and deeply personal nature of harms suffered in medical malpractice cases.
Advocating for Medical Malpractice Victims
Navigating the complexities of medical malpractice suits requires experience and unwavering dedication to seeking justice for those who have suffered harm due to healthcare negligence. At Rush & Gransee, we understand the profound impact that medical errors can have on the lives of patients and their families, and we are committed to advocating tirelessly on their behalf.
If you believe that you or a loved one has been a victim of medical malpractice, we urge you to take action today. Contact our office for a consultation, where we can assess the merits of your case, provide personalized legal guidance, and discuss your options for pursuing compensation.
Don’t wait to assert your rights and hold negligent healthcare providers accountable for their actions. With our experience, resources, and dedication to client advocacy, we stand ready to fight for the justice and compensation you deserve. Your health and well-being are our top priorities, and we’re here to help you navigate the legal process with confidence and peace of mind.
Reach out to Rush & Gransee today to schedule your consultation and take the first step toward obtaining the justice and closure you deserve.
