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Facts you should know about medical malpractice

Posted on September 28, 2011 by admin in Medical Malpractice Lawyer
Facts you should know about medical malpractice

When considering a medical malpractice claim, there are facts you should know about bringing a case, such as the timeframe for filing a lawsuit.
Statute of limitations
Each state establishes its own deadlines for filing claims based on whether the civil action is for personal injury, wrongful death, some other type of tort, or as discussed here, medical malpractice. The legal term for such a deadline is “statute of limitations.”
Texas law
Medical malpractice in Texas is based on Tex. Civ. Prac. &Rem. Code, Section 74.251 (a), which states that the claimant has only two years to file a claim from the occurrence of the breach or tort or from the date the medical or health care treatment subject to the claim was completed. The statute states that minors under the age of 12 have until their 14th birthday to file. However, this part of the statute for minors was declared unconstitutional under a later court case ruling, establishing that the statute for minors starts to run when they reach the age 18.
Statute 74.251 is a significant change in Texas law. Prior to 74.251, the statute of limitations ran from the date the injury was discovered. For example, if during an examination, a physician x-rayed and discovered the cause of a medical complication was a scalpel left inside the patient from a previous surgery, the statute of limitations would run from that point of discovery. However, under the legal change, if the patient does not discover the error within two years of the surgery date where the surgeon initially made the error, the patient loses the right to sue based on the statute of limitations. Yet, fraudulent concealment of the error provides an exception. Other laws also come into play that may be in your favor, and if you have a medical malpractice concern you should seek a legal opinion.
Our law firm handles medical malpractice cases throughout Texas and nationwide. We offer a free initial case evaluation to discuss your potential case. Contact the Talaska Law Firm online or call (888)791-5191 today to arrange a consultation with one of our experienced medical malpractice lawyers.

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Texas Birth Injury Attorneys

Birth Injury | Cerebral Palsy |
Brachial Plexus Injury

Contact the Talaska Law Firm, a Houston based practice that represents clients in birth injury cases. Our attorneys help clients throughout Texas receive the compensation necessary to cover medical expenses and attendant care for children with cerebral palsy, brachial plexus palsy and other conditions resulting through medical malpractice.

There is no charge for a case evaluation to find out if you have a viable claim and our law firm takes birth injury cases on a contingency fee basis.

Contact Info

Contact the Talaska Law Firm today to arrange a private consultation. Our attorneys take medical malpractice cases on a contingency fee basis, which means there is no fee unless we recover on your behalf.

The Talaska Law Firm

442 Heights Boulevard, Houston, TX 77007

Toll Free: (888) 791-5191
Phone: (713) 869-1240
Fax: (713) 869-1465

Houston birth injury lawyer represents clients throughout Texas and nationwide.

The Talaska Law Firm

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