When a healthcare provider is negligent...
All medical malpractice cases are now referred to as healthcare liability claims, and they are governed by The Texas Civil Practices & Remedies Code, chapter 74. Any claim that is based on an injury that was caused in connection with receiving healthcare is a healthcare liability claim. This includes claims against doctors, nurses, podiatrists, dentists, chiropractors, hospitals, physical therapists, pharmacists - the list goes on and on.
There are four essential elements:
1. A healthcare provider acted below accepted standards of care. The only person who can testify on this element is another healthcare provider who is knowledgeable about the applicable standards of care in question.
2. Healthcare that was below accepted standards of care caused an injury or death.
3. The injury or death caused the victim to suffer damages (medical expenses, loss of earning capacity, physical impairment, physical pain, and mental anguish).
4. The healthcare provider has the ability to pay the damages – usually insurance.
There are many differences (procedural and technical) that apply in these types of claims that do not apply in any other type of damage claim. These differences include issues on the statute of limitations, caps on non-economic damages, notice letters, and stringent requirements for expert reports to be provided within 120 days of filing a lawsuit. Rock Onstad has past experience in handling a wide variety of healthcare liability claims, which can be seen below. He has a bachelor’s degree in microbiology, which is invaluable in his understanding of the physiological processes involved in almost every case.