Most Texas medical malpractice cases require experts to prove causation. There are exceptions where a jury does not need an expert to decide causation. Those medical malpractice cases are limited to those cases where a jury can use its own experience and common sense to determine causation. For example, a…
The lost chance of survival doctrine in medical malpractice cases does not exist in Texas. Ultimately, Texas medical malpractice laws state that a plaintiff’s ability to recover monetary and punitive damages for personal injury is barred where the medical practitioner’s negligence deprived the plaintiff of only a 50% or less…
The most difficult aspect of proving the San Antonio and greater Texas medical malpractice case is proving causation through expert testimony. There have been incredibly vast changes in the law of medical malpractice. In the late 1970s, the Texas legislature was tasked with remedying the “medical malpractice insurance crisis” which…
As an update to our last blog post, several important Texas medical malpractice cases have emerged that can affect residents of San Antonio and greater Texas. In Dallas, a patient suffered severe and permanent brain damage in Texas when Baylor medical center’s emergency care center did not allegedly detect a…
In 2009, there were several seminal cases in the area of Texas medical malpractice and Texas nursing home abuse litigation . In Dallas, the patient brought an action against both the physician and the physician’s assistant (PA) for their failure to follow up on a mass detected on a mammogram.…
Although Texas reforms have put the breaks on a lot of Texas medical malpractice claims , there are still several great examples of medical negligence cases which can be brought by a Texas medical malpractice lawyer. In one case, a patient fell from a hospital bed and alleged several acts…
There have been several San Antonio nursing home personal injuries which merit comment. The executrix of the estate of a San Antonio nursing home resident sued 2 doctors and the nursing home for medical malpractice. The alleged victim was a 72 year old woman who developed a staph infection and…
In proving malpractice, a San Antonio Texas personal injury lawyer must be extremely careful in choosing his expert witnesses. Many a Texas pharmaceutical injury case or malpractice case has been dismissed for inadequate expert witnesses. One potential downfall is that a defendant physician must have his principles tested according to…
In the late 1990s, the Texas Supreme Court indicated that the substance of an expert’s testimony must be considered, specifically the data the expert relies on to form his/her opinion. If the foundational data upon which the expert bases his opinion is unreliable, then the expert’s opinion will be considered…
Many plaintiffs now ask what can be recovered in a Texas wrongful death medical malpractice case . Under Texas Civil Practice and Remedies Code (TX CPRC ) Section 74.301, there is a cap of $250,000 on “non-economic” damages. Non-economic damages compensate an injured plaintiff for physical pain and suffering, mental…