Texas Medical Malpractice Archives - Page 7 of 15

Texas Medical Malpractice Lawsuit Alleges Wrong Drug Administered During Surgery

October 31, 2021

A federal lawsuit was filed on October 4, 2021 in the United States District Court for the Western District of Texas, alleging: “This is a medication error healthcare liability claim for money damages, arising from Defendant’s employees’ negligence in providing a surgeon with formalin in a[...]

Texas Appellate Court Rules Medical Malpractice Plaintiff Failed To Toll Statute Of Limitations

September 21, 2021

In Texas, health care liability claims must be brought “within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed.” TEX. CIV. PRAC. & REM. C[...]

The Truth About Medical Malpractice Verdicts

June 22, 2021

A new Cato Institute book, Medical Malpractice Litigation, written by six top medical malpractice researchers, examines data about, among other things, jury verdicts and insurance payouts. The authors found that the medical malpractice insurance industry campaigns that focused on jury verdicts are [...]

Texas Appellate Court Holds Fall Due To Crack In Assisted Living Sidewalk Not Health Care Liability Claim

May 26, 2021

The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its split-decision En Banc Opinion filed on May 3, 2021: “Here, the standards on which Faber bases her claim do not implicate Collin Creek’s duties as a health care provider or its duties to [...]

Texas Supreme Court Holds Mental Health Section 1983 Claim Subject To Texas Medical Liability Act’s Expert Report Requirement

May 4, 2021

The Supreme Court of the State of Texas (“Texas Supreme Court”) stated in its opinion delivered on April 16, 2021: “The questions before us are (1) whether claims asserted against a state mental health facility and its employees arising from the death of a patient, pleaded as claim[...]

Texas Appellate Court Affirms Summary Judgment For ER Physician In 7-Year-Old’s Asthma Death

April 4, 2021

The Court of Appeals Second Appellate District of Texas at Fort Worth (“Texas Appellate Court”) affirmed in its January 14, 2021 opinion that the defendant emergency room physician was entitled to summary judgment in a Texas medical malpractice wrongful death case involving a 7-year-old [...]

Texas Appellate Court Affirms Medical Malpractice Plaintiff’s Expert Reports Were Sufficient

March 8, 2021

In Texas, a party who brings a health care liability claim shall “not later than the 120th day after each defendant’s original answer is filed, serve on that party or the party’s attorney one or more expert reports . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a). The claimant must[...]

Texas Appellate Court Applies Heightened Standard Of Care In Dismissing Birth Injury Medical Malpractice Case

March 7, 2021

In a Texas medical malpractice case decided by the Texas Court of Appeals, Third District, at Austin (“Texas Appellate Court”) on February 10, 2021, the plaintiff argued that the trial court erred in determining that the medical care the defendants provided to treat her post-C-section he[...]

Texas Appellate Court Affirms Dismissal Of Medical Malpractice Case Because Plaintiff Failed to Follow Expert Disclosure Rule

February 13, 2021

The Texas Fourth Court of Appeals San Antonio, Texas (“Texas Appellate Court”) held in its Memoradum Opinion dated January 6, 2020, “appellants failed to establish that their expert witness was qualified under Rule 702 and therefore their expert cannot render an opinion on causatio[...]

Texas Heart Hospital And Its Management Company Agree To Pay $48M To Settle False Claims Act Allegations

January 8, 2021

The U.S. Department of Justice announced on December 18, 2020 that Texas Heart Hospital of the Southwest LLP, a partially physician-owned hospital in Plano, Texas, and its wholly owned subsidiary, THHBP Management Company, LLC (collectively, the “Heart Hospital”) have agreed to pay the United St[...]

Texas Appellate Court Rules Workers Comp Carrier Did Not Waive Subrogation For Medical Malpractice Claim

November 22, 2020

The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) ruled in its Memorandum Opinion dated October 2, 2020: “The waiver in this case applied only to any “person or organization for whom the Named Insured has agreed by written contract to furnish this w[...]

Texas Appellate Court Upholds $5M Jury Award For 10 To 15 Seconds Of Awareness Of Impending Death

November 13, 2020

The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”), in its opinion dated August 18, 2020, upheld a jury’s award in the amount of $5 million for a victim’s ten to fifteen seconds of awareness of impending death after the jury determined that the v[...]

« 1 2 3 4 5 6 7 8 9 10 11 12 … 15 »

Category: Texas Medical Malpractice