Medical Malpractice Discovery Rule Texas

Many people, including some attorneys unfamiliar with Texas` medical malpractice law, believe that the discovery rule works by not starting the statute of limitations until the medical error is discovered. However, this is completely false. Typically, you have two years to take legal action after suffering damage. But sometimes it`s not clear when an injury occurs. A serious illness can take years to develop after an accident. As a result, Texas law has an exception called the discovery rule. Unfortunately, the Supreme Court ruled that the discovery rule was not applicable in this case. The decision revolved around an important fact: the worker suffered severe burns when he came into contact with the fracking chemicals. For this reason, the court ruled that the injury was recognizable on the day of the accident. The rest period conflicts with the discovery rule and the limitation period for minors. For this reason, we encourage anyone who believes they or their child has been hurt to meet promptly with a lawyer.

In other cases, however, the exact date of medical negligence may be subject to legal interpretation. For example, if continuous treatment for the medical condition in question has taken place, if there have been several different acts of neglect at different times, or if the neglect could not have been discovered by the patient. Examples of these types of cases include: In general, however, this is a daily scan. If a defendant challenges the application of the disclosure rule for this reason, plaintiffs should be prepared to explain how they carefully pursued the claim each day. If you discover your potential claim after the expiration of the limitation period, it is urgent to seek competent legal advice to determine whether an argument can be made to gain more time on the basis of the discovery rule or for some other reason. If you believe you have reason to claim medical malpractice, please call (972) 230-6200 to immediately schedule a free consultation at Polewski & Associates` Dallas office. Time is of the essence in these cases, and the sooner we can work on your case, the better your chances of getting full compensation and preventing others from suffering from unsafe medical providers. The investigation rule allows you to take legal action up to two years after becoming aware of your violations. For example, if you were exposed to unsafe working conditions more than two years ago and there is evidence that the conditions caused these problems, you may still be able to sue your employer – even if you have only recently developed medical problems.

The best defense against the dismissive and cruel tactics of the medical and insurance industries is swift and aggressive legal action – and our medical malpractice lawyers in Dallas are prepared to take such action immediately to ensure you receive the full compensation you deserve. Equally important, negligent health care providers are held immediately accountable to protect others and send the message that patients will not be tolerated now or in the future. Not so long ago, the Texas Supreme Court ruled on a case, Schlumberger Tech. Corp. v. Pasko, with facts similar to the example used above. Here`s a classic example of a case where the discovery rule would likely apply: a surgeon or surgical nurse left a sponge, gauze, towel, or other foreign object in a patient`s abdomen. The patient had no reason to suspect anything was wrong for three years until severe abdominal pain led to a visit to the emergency department where the immobilized object was identified. Under Texas law, here are the highlights of the medical malpractice statute of limitations: According to the court ruling, the worker could have been compensated for his burns, but then prevented from seeking compensation for his cancer simply because the cancer took time to develop. However, the Texas Supreme Court does not rule on cases based on what is fair. Rather, they look at what the law requires.

The statute of limitations for medical malpractice in Texas is a confusing law that has unfortunately caused many people to lose their day in court. Therefore, even if cancer or another medical condition develops afterwards, the diagnosis cannot be considered the time of discovery. In these circumstances, the limitation period began on the day of the accident, not when someone discovers the other medical condition. Some exceptions apply to minor children, as they cannot assert their own claims until they reach the age of majority. In general, the limitation period is extended until the minor child reaches the age of 18. In the case of medical malpractice, however, the time frame is shorter. There is a very, very limited exception to the severe limitation period that can apply if you have been a victim of misconduct and you could not have discovered that fact within the two-year limitation period and then sue within a “reasonable” time after discovering the error. This does NOT mean that you have “two years from the date you discover medical malpractice to take legal action.” This is not the case. This statement is NOT TRUE. The exception to the limitation period is so narrow and the interpretation by the courts so unreasonable that you need to have the facts of your case analyzed by a qualified malpractice specialist so that you do not believe that you have more time than you.

You have two years from the date of discovery to sue for medical malpractice, but waiting is never a good idea. Doctors, hospitals and other medical professionals are heavily protected by lawyers and insurance companies who know exactly how to overcome these claims. Those people and organizations who pray for vulnerability can take advantage of your wait and use it to minimize or deny your claim. If you live in Texas and believe you have been injured by medical malpractice of any kind, the standard period for a lawsuit is two years from the date of the incident.

This entry was posted in Uncategorized. Bookmark the permalink.
This site uses cookies to offer you a better browsing experience. By browsing this website, you agree to our use of cookies.