Medical Negligence

Medical negligence and malpractice happen every day, but many of its victims feel completely alone when it happens to them. The fact is that medical malpractice can happen when patients work with individual physicians, clinics, and hospitals. The Bureau of Justice Statistics found that 43,000 malpractice cases were closed in Florida, Maine, Illinois, Massachusetts, Nevada, Missouri, and Texas between 2000 and 2004.

Statute of Limitations and Statute of Repose

You may have heard the term “statute of limitations,” which is commonly used in personal injury cases. This term is used to describe the amount of time a plaintiff has to file a lawsuit. A phrase you may not have heard is the “statute of repose,” which is the final deadline a plaintiff has for filing a claim. In the state of Texas:

  • The statute of limitations is two years. If you’ve suffered from medical negligence (or any other personal injury), you typically have no more than two years after the injury/harm to file your case against a person, business, or organization. The specific facts of each case can alter whether the statute of limitations is two years.
  • The statute of repose is ten years. While there are select cases where plaintiffs can file a claim after two years, the absolute maximum time allowed to file a claim is ten years from the date of the injury/harm. After ten years, you officially lose your right to file a claim against medical negligence.

While these numbers may motivate you to act quickly, it’s also important to make informed decisions. One such example is the decision to hire a lawyer to represent you. Don’t let attorneys scare you into taking action before you’re ready. At the same time, if you’ve been harmed, contacting a lawyer early in the process will give you more time to pursue your case diligently. Research your options, and always try to have an initial conversation with an attorney before committing.

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Medical Negligence Statistics

True Cost of Health-Care examined medical malpractice trends and statistics. Below are some of their most interesting findings: 

  • The number of medical malpractice claims has been dropping over the years. In 2003, there were 15,000 claims paid against M.D.s (doctors of medicine) and D.O.s (doctors of osteopathic medicine). In 2014, that number dropped to below 8,900 (a 40% drop in 12 years).
  • The amount paid on medical malpractice claims has also been dropping. In 2003, there were nearly 16,000 claims that paid between $0 and $499,000. In 2014, the number of claims that paid between $0 and $499,000 dropped to roughly 7,000.
  • The number of claims paying $500,000 or more has been relatively stable. In 2003, roughly 2,900 claims paid at least $500,000. This number dropped, but only slightly, to 2,250 in 2014.

No matter the payoff your case may or may not earn, you deserve to seek justice for what you’ve endured. If you feel you’ve been the victim of medical negligence, tell your story to an attorney and make an informed decision about your next steps.

Medical Negligence Attorney in Dallas, Texas

James N. Francis has been practicing for 40+ years and focuses on representing individuals suffering from medical negligence. He represents persons who have been seriously injured in medical negligence cases. He will bring conviction, passion, and sophistication to your case and will help you achieve the best possible outcome. Contact him today to get started.