Were You or Loved One Injured as a Patient in a South Texas Hospital?
Whether you walked into a medical facility for an emergency, an illness, or a scheduled surgery, you should be treated accurately with safety and care. If your hospital visit resulted in errors, mistakes, infections, or other injuries, you might be a victim of hospital malpractice.
Unfortunately, medical malpractice is not uncommon. With hundreds of thousands of people visiting South Texas hospitals every year, according to the DSHS, there are hundreds of serious errors resulting in patient injury and even death. A Johns Hopkins Study revealed that more than 250,000 deaths per year are due to medical errors by medical staff. You have a right to safety as a patient in a hospital, this means that if you or a loved one were injured or wrongfully killed during your hospital stay, you may be entitled to compensation.
Hospital malpractice claims are tough to win in the state of Texas, that’s why you need a team of dedicated personal injury attorneys that specialize in medical malpractice litigation. The Snapka Law Firm has spent decades helping families across South Texas win and settle their cases. We’re here to provide you with the knowledge, care, and dedication you deserve. Our principal and founder, Kathy Snapka has been working hard for over three decades to deliver justice for families throughout Texas, and has won or settled numerous multi-million dollar cases . We are ready to provide you with that same care and determination. Our case evaluations are free and we don’t charge any fees unless we win your case*.
Common Hospital Errors That Can be Malpractice
While every hospital malpractice case is different, the following hospital errors are more commonly the result of malpractice:
- Medication errors
- Surgical mistakes
- Hospital-acquired infections
- Gross negligence
- Birth injuries
Misdiagnosis means that you or a loved one was given the wrong diagnosis, or no diagnosis when sick. Receiving a misdiagnosis can be extremely dangerous. A misdiagnosis can mean being given potentially dangerous medications unnecessarily. It could also leave your actual condition untreated which may worsen as a result.
A surgical mistake or error can be caused by any member of your surgical team including your surgeon, anesthesiologist, and nurse. Some surgery errors that you can file a hospital malpractice claim include: leaving an object inside your body, performing surgery on the wrong body part, being given insufficient anesthesia and waking up mid-surgery, and being operated on with unsanitary equipment. A surgical mistake can lead to a hospital-acquired infection which can affect your recovery. About 4% of hospital patients end up with at least one infection.
Gross negligence goes beyond ordinary negligence and is a lack of care that demonstrates reckless disregard and the lack of safety for the lives of others. Proving medical malpractice in South Texas can be difficult, so if you think that you or a loved one has experienced one or multiple hospital errors, it is best to contact an experienced hospital lawyer to discuss your case.
Can You Sue a Hospital in South Texas?
If you or a loved one were injured or wrongfully killed in a South Texas hospital due to a medically negligent act, you can sue for compensation. South Texas hospital malpractice lawsuits have a two-year statute of limitations for claims. This means that your hospital lawsuit must be filed no later than two years after the negligent act or omission occurred or from the time it was realized.
For cases involving patients on a treatment course, you will have two years from when treatment ends to file a lawsuit. There are a few exceptions to the rule and these include:
- Minors: The medical malpractice statute of limitations in Texas for minors is different. A minor injured before the age of 12 years old has until age 14 to file a lawsuit. For example, if your child was injured at age 7, you can file any time before age 14.
- Undiscovered Negligence: If you were not able to discover the medical negligence within two years, you may be able to file within a “reasonable” amount of time after the discovery.
Exceptions are very rare, so if you believe that you were a victim of medical malpractice do not wait. Contact our personal injury law firm as soon as possible.
How Much Does it Cost to File a Hospital Lawsuit in South Texas?
If our law firm accepts your case, there are no costs to file a hospital lawsuit in South Texas. As with most legal action, there are certain costs involved with suing a hospital for medical malpractice, but the Snapka Law Firm works on a contingency basis. This means you pay nothing upfront but agree to pay a percentage once your lawsuit is won or a settlement is reached. Even if we don’t win your case, there is no fee*. Call today to get a free case evaluation.
What Compensation Can I Receive From a South Texas Hospital Lawsuit?
If you or a loved one were injured in a South Texas hospital due to negligence or a malicious act you can be awarded compensation for “damages”. These damages include:
- Economic damages – These damages reimburse medical bills and lost wages from missing work.
- Non-economic damages – These damages reimburse the patient for their suffering and pain as well as any negative effects of the misdiagnosis or wrong treatment.
- Punitive damages – These damages are awarded to punish the healthcare professional who committed negligence and malpractice because of maliciousness.
Texas medical malpractice law has a cap that limits how much a patient can receive if they win a case. If you sue a hospital in South Texas for malpractice the cap is $250,000 for non-economic damages. You can also receive $250,000 from up to two healthcare professionals, for a total cap of $750,000, There is no cap on economic or punitive damages. Despite these caps, Snapka Law Firm has won and settled numerous multi-million dollar cases.
Do I Have a Hospital Malpractice Case?
If you believe you were a victim of a hospital error or a loved one suffered from a wrongful death while a patient in a hospital, you may have a hospital malpractice case. Every case is different and the best way to determine if you have a valid claim is to speak with our hospital malpractice lawyers in South Texas. We will review your case history and consult with medical experts to determine if Texas law will allow for a suit to be filed.
How Our South Texas Medical Malpractice Law Firm Can Help
At the Snapka Law Firm, we want to help anyone that has suffered from an injury or loss due to a hospital mistake receive justice and compensation. Not only do we believe that everyone deserves a right to fair compensation if they’ve been negligently injured, but we believe you also deserve a welcoming and warm environment with a legal team that cares. We are a compassionate, dedicated team that is invested to ensure you receive the compensation you deserve for your injuries.
Our attorneys specialize in medical malpractice litigation. We have decades of experience handling healthcare and medical-related injuries throughout South Texas. Kathy Snapka, founder, and principal of the Snapka Law Firm is a highly regarded medical attorney who has had a long and successful career obtaining verdicts and settlements for her clients. She has secured millions of dollars in compensation for people and families who were wrongly injured in South Texas hospitals.
Speak With a Local South Texas Hospital Malpractice Attorney Near You
Our entire law firm is here to help you. If you suspect that you or a loved one were injured or wrongfully killed due to hospital malpractice or patient neglect, call us today for a free case review. Our attorneys will review your claim and patient history, discuss details with medical experts, and give you an honest assessment of where you stand according to Texas laws.
What is the average settlement for medical malpractice lawsuit in Texas? ›
What Is the Average Settlement for a Medical Malpractice Injury in Texas? In Texas, medical professionals are held to a high standard of care with strict penalties imposed for negligence. The average settlement for a case involving a medical error is almost $200,000.How do I win a medical malpractice case in Texas? ›
To win a medical malpractice suit, your attorney must prove that your doctor directly caused your injuries. Damages: Your attorney must prove that the patient suffered economic and non-economic damages from the injury.What is the maximum payout for medical negligence in Texas? ›
The Medical Malpractice and Tort Reform Act of 2003 places caps on the financial compensation victims of medical malpractice can receive. The cap on non-economic damages against health care providers is $250,000. The cap on non-economic damages against health care facilities is $500,000.Why is it so hard to win a malpractice case? ›
The expenses for a viable medical malpractice case are high.
Because medical malpractice cases are so expensive, the decision to pursue one must be made very carefully: It is difficult—and therefore expensive—to demonstrate to a jury that a healthcare provider acted unreasonably.
Additionally, Texas has in place a statute of repose of 10 years for medical malpractice cases. This means that no medical malpractice lawsuit may be filed if more than 10 years have passed since the alleged mistake occurred, regardless of when the mistake was discovered.What is the average slip and fall settlement in Texas? ›
What another person has gotten will not pay your own bills when you miss work and have significant expenses. Some people have reported that the average settlement in a slip and fall case could reach up to $50,000.What is the hardest element to prove in a medical malpractice case? ›
In medical malpractice cases, causation is usually the most difficult element to prove. To prove causation in any type of negligence action, you must prove two things: 1)The negligent action was the actual cause of harm, and 2)The negligent action was the proximate cause of harm.What four things must be proven in a medical malpractice case? ›
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.Is it hard to sue a doctor in Texas? ›
You can sue for compensation in Texas if a medically negligent act resulted in the injury or death of you or a loved one. But obtaining that compensation without filing a lawsuit is complex and rarely done because Texas has specific requirements to begin negotiating a medical malpractice settlement.Is there a limit on pain and suffering in Texas? ›
There are currently no caps on pain and suffering (non-economic damages) in Texas, except in medical malpractice cases.
What are the limits on pain and suffering in Texas? ›
Texas courts impose a cap of $250,000 on pain and suffering damages in medical malpractice cases, however, regardless of your circumstances. Even if the multiplier method states that your pain and suffering damages are worth more, $250,000 is the most you'll be able to collect if a health care provider caused you harm.Can you sue for pain and suffering in Texas? ›
Pain and suffering are some of the most common categories of non-economic damages in personal injury cases. Fortunately, the courts in Texas recognize these intangible losses. As a result, Texas courts allow victims to seek financial recovery for their pain and suffering.Who gets sued the most for malpractice? ›
The specialists most likely to be sued are both general and specialized surgeons. General surgeons and plastic surgeons were first on the list with 83% reporting having been sued at least once in their careers.What is the best defense against a malpractice suit? ›
- Show Avoidable Consequences. ...
- Argue the Substantial Minority Principle. ...
- Cite Good Samaritan Laws. ...
- Challenge the Evidence. ...
- Demonstrate Standard of Care. ...
- Challenge the Causal Relationship. ...
- Assumed Risk.
Across all specialties, anesthesiologists paid some of the highest malpractice premiums. Nearly one quarter (24%) reported paying between $10,000 to $15,000 annually for malpractice insurance, and 17% said they paid between $15,000 to $20,000.What is the cap on medical malpractice damages in Texas? ›
For example, if an individual pursues a medical malpractice claim against a physician or a single healthcare institution, they may only receive a maximum of $250,000 on non-economic damages. If a person wants to sue multiple healthcare institutions, they can only receive a maximum of $500,000 in non-economic damages.What is the discovery rule in Texas for medical malpractice? ›
The discovery rule may apply to claims that could not be found by the patient or claimant despite reasonable care. The detection rule can be triggered by fraudulent concealment of negligence by a doctor or if the injury itself could not be detected.How do I prove medical malpractice in Texas? ›
- The existence of a provider-patient relationship. ...
- The medical standard of care was breached. ...
- Quantifiable proof of harm, i.e. damages. ...
- Contact Our Team Today.
The largest settlement ever awarded in a slip and fall lawsuit was over 20 million dollars. This amount was awarded to the plaintiff, an elderly woman who suffered severe injuries after slipping on a wet tile floor in a hotel lobby.What is the average compensation for slip and fall? ›
The average slip-and-fall settlement is between $10,000 and $50,000. If you've been in a slip-and-fall accident, you may be entitled to significant compensation.
What is the average settlement for personal injury in Texas? ›
Settlement Amount of Texas Personal Injury Cases
A Jury Verdict Research study found that the median compensation award for personal injury cases that go to trial in Texas is $22,360. Plaintiffs recover about 52% of the time (which is consistent with the national average).
Recognizing that you are an imperfect human being who will make mistakes, you can nevertheless reduce your risk of causing harm, and of being sued successfully. Start by practicing good risk management, building on the old adage of four Cs: compassion, communication, competence and charting.What five 5 elements needed to be present to prove malpractice? ›
Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.What are the most common medical malpractice claims? ›
- Overlooked diagnosis.
- Diagnoses made too late.
- Incorrect diagnoses.
- Concealing patient information.
- Surgical errors and mishaps.
- Use of faulty medical equipment.
- Inaccurate or misinterpreted test results.
Prevent, Communicate, Document: Medical Malpractice Data Help Us Manage Risk | The Doctors Company.Is medical Gaslighting malpractice? ›
An improper, dismissive diagnosis might result. Known as medical gaslighting, errors such as these on a doctor's part could leave patients filing a medical malpractice claim.What are the defenses to a medical malpractice action? ›
- Standard Negligence Defenses. ...
- Contributory Negligence. ...
- Respectable Minority Principle. ...
- Good Samaritan Laws. ...
- Statute of Limitations. ...
- Additional Resources.
In general, a medical malpractice lawsuit in Texas has a two-year window, so in most cases, you would have two years to sue a doctor after surgery. However, there are certain exceptions. Other than the deadline, there are other critical details involved which might affect your case.How long does it take to file medical malpractice in Texas? ›
Texas has a specific "statute of limitations" that puts a time limit on an injured patient's right to file a medical malpractice case in court. In Texas, a person injured by medical negligence has two years to bring a lawsuit to court. The two-year clock begins running on the date the malpractice occurred.How do I sue a hospital in Texas? ›
File a complaint with the Health Facility Compliance Group at the Texas Department of State Health Services (DSHS). This is the agency ensuring that hospitals and health facilities are providing safe, responsible care. DSHS will also investigate claims of improper hospital billing.
How do I sue for emotional distress in Texas? ›
To file an emotional distress lawsuit, the first thing you will want to do is call a personal injury attorney. A personal injury attorney will help calculate the extent of the damages. These can include economic damages, like the cost of treatment and counseling, lost wages, and other financial losses.What are the punitive damages in Texas? ›
Yes, Texas does limit the amount of punitive damages a plaintiff may receive in a personal injury case. Punitive damages are capped at the greater of $200,000 in cases in which economic damages are not awarded or an amount equal to double the economic losses plus an equal amount of non-economic damages up to $750,000.Does workers comp pay for pain and suffering in Texas? ›
As you can see, there are limits to workers' comp benefits: you'll receive only a portion of your lost wages (although it may help to learn that workers' comp benefits are generally tax-free). In addition, you can't receive any payment for the pain and suffering related to your injury.What is a typical amount of pain and suffering? ›
A typical pain and suffering award varies greatly depending on the type of accident and injury. In general, the more severe the injury, the higher the award. Some cases can receive a few thousand dollars in a pain and suffering settlement, while others may receive hundreds of thousands or more.What is the formula for pain and suffering? ›
Car accident settlement pain and suffering amounts are calculated by multiplying the sum of all economic damages, like medical bills, by a number between 1.5 and 5, depending on the severity of the injuries. Pain and suffering can also be quantified with a daily amount agreed upon by the insurance company.What are special damages in Texas? ›
Types of damages in an injury claim
In Texas, as in most states, these two types of damages are known as special damages and general damages. In this case, the concept of special damages refers to specific expenses, such as clearly quantifiable medical bills, property damages and/or loss of wages.
In most cases, proving pain and suffering damages requires establishing the victim's physical injuries and following that up with a compelling story about how the accident impacted the victim's life.Do you have to pay taxes on a lawsuit settlement in Texas? ›
In Texas, you will not have to pay state taxes on any portion of your settlement or award. The Lone Star State is one of the nine in the U.S. that does not have its own separate income tax, instead collecting revenue through sales, use, and property taxes.How long after an incident can you sue in Texas? ›
In Texas, the statute of limitations for damage to personal property is two years. If you are in a car accident and your car is damaged, you have two years from the day of the accident to file a lawsuit to recover damages to repair your car.How much are most medical malpractice settlements? ›
- Minor cases: Up to $10,000.
- Short-term disabilities: $10,000 to $30,000.
- Cases that require corrective measures: $30,000 to $100,000.
- Severe cases: $100,000 to $500,000.
- Permanent injury: Over $1,000,000.
What physician is most likely to be involved in a lawsuit? ›
Of OB/GYNs, 62.4 percent have been sued in their careers, followed by 59.3 percent of general surgeons. Controlling for other factors, OB/GYNs and general surgeons are 33.6 and 28.6 percentage points more likely than general internists to have ever been sued.Is medical malpractice the number one killer? ›
With over 250,000 malpractice deaths each year, medical mistakes can be considered the 3rd leading cause of death in the U.S., after heart disease and cancer.What is typically the second step in a malpractice lawsuit? ›
Step 2: Gather Records
Once we're ready to move forward, you will be asked to sign a retainer and a contingency fee agreement, which details what the law firm's fees and expenses will be if your case is won. We'll also ask you to authorize us to obtain your medical records.
- $111 million verdict in Minnesota: Thapa v. ...
- $97.4 million verdict in Iowa: Kromphardt v. ...
- $77 million verdict in Georgia: The Estate of Nicholas Carusillo v. ...
- $75 million verdict in Georgia: Buckelew v. ...
- $68.8 million verdict in Florida: Crohan v.
According to NPDB data, the state of New York had the highest total medical malpractice payments, totaling $7.025 billion – followed by Pennsylvania, with $3.416 billion. North Dakota had the lowest amount of medical malpractice payments, totaling just $28.35 million.What is the highest medical malpractice verdicts? ›
- Kromphardt v. Mercy Hospital: $97.4 Million.
- Dudley v. Iowa Physicians Clinic: $27 Million.
- Melendez v. Mo: $19.7 Million.
- Threat v. Gamble-Webb: $30 Million.
The Most Expensive
New York has some of the highest malpractice rates in the country, and it also has some of the highest award payouts in malpractice lawsuits.
|Non-Economic Damage Caps in Texas Medical Malpractice Actions|
|Provider Cap (Total Across All Providers)||$250,000|
|Facility Cap (Up to 2 Facilities)||$250,000|
There are currently no caps on pain and suffering (non-economic damages) in Texas, except in medical malpractice cases.What is exemplary damages in Texas medical malpractice? ›
Texas caps the maximum amount of exemplary damages you can receive. Texas law doesn't allow punitive damages above $200,000 or twice the amount of your economic damages, plus an amount equal to your noneconomic damages, up to a maximum of $750,000.
How are damages calculating in medical malpractice cases? ›
The formula for the settlement value of medical malpractice claims is quite simple. The settlement calculation that victims, doctors, and hospitals use in medical malpractice lawsuits the expected average jury verdict multiplied by the likelihood of the plaintiff prevailing at trial.What type of doctor pays most for malpractice insurance? ›
The Specialty Affects Premiums
Therefore, doctors in specialties that are considered higher risk pay more for their malpractice insurance. Typically, surgeons, anesthesiologists and OB/GYN physicians are charged higher premiums.
If you or a loved one were injured or wrongfully killed in a Texas hospital due to a medically negligent act, you can sue a hospital for compensation. Texas hospital malpractice lawsuits have a two-year statute of limitations for claims.How much do lawyers take from settlement in Texas? ›
Contingency fee arrangements are most common in personal injury cases and the amount is a percentage of the settlement in the case. A typical percentage is anywhere between 33.33% and 40%. Usually, a lawyer will charge a fee of 33.33% pre-suit (before trial) and 40% if the case goes into litigation.How do you calculate pain and suffering in Texas? ›
In Texas, the basic multiplier method is used to determine the value of pain and suffering in personal injury cases. An insurance company will add up all of your economic damages like medical bills and lost wages, and multiply the sum by on a scale between 1.5 and five.How much is a neck and back injury settlement in Texas? ›
The average settlement amount for a neck and back injury in Texas is $503,648, while the median amount is $350,000. The largest amount was a nearly $2.1 million case where a woman was injured in a t-bone collision with a commercial vehicle. As a result of her injuries, she needed multiple surgeries on her back.