Texas medical malpractice lawyers Archives - Page 2 of 5

Texas Supreme Court Limits Recoverable Damages In Medical Malpractice Case For Botched Sterilization Procedure

July 18, 2024

A mother sued her doctor and his medical practice for allegedly failing to perform a sterilization procedure she paid for and then failing to tell her that the procedure was not performed. She claimed the doctor’s actions caused an unplanned pregnancy and the birth of her healthy fourth child, a d[...]

$6.2M Texas Medical Malpractice Jury Verdict For Botched Spinal Surgery

May 16, 2024

A Texas medical malpractice jury awarded a 57-year-old man $6.2 million after a week-long trial in February 2024. The jury determined that the defendant neurosurgeon who allegedly caused the permanent injury to the man was 60% at fault, thereby making him 100% liable for the verdict under Texas law.[...]

Texas Supreme Court Discusses Willful And Wanton Negligence In Medical Malpractice Cases

March 29, 2024

In a Texas medical malpractice case arising from an emergency room physician’s treatment of a snakebite, the issue was whether the plaintiff had produced evidence of “willful and wanton negligence” by the physician. Because antivenom poses risks to a patient, the hospital at which Dr. Kristy M[...]

Texas Appellate Court Holds Trial Court Erroneously Excluded Medical Malpractice Plaintiff’s Expert’s Opinion

March 24, 2024

In a Texas medical malpractice wrongful death case where the plaintiff alleged that a resident of a rehabilitation facility died as a result of the staff failing to properly monitor her blood glucose levels following a significant change in the administration of her insulin, the trial court granted [...]

Texas Supreme Court Rules Experts’ Reports Sufficient In Claim Against Residential Care Facility

January 31, 2024

Texas Medical Liability Act The Texas Medical Liability Act requires healthcare liability claimants to timely serve a defendant healthcare provider with an adequate expert report. TEX. CIV. PRAC. & REM. CODE § 74.351(a), (l). An expert report is adequate if it “represent[s] an objective good [...]

Federal Appellate Court Affirms No Liability For Physician Removing Patient From Life Support

January 21, 2024

Berman De Paz-Martinez, Jr., a twenty-one-year-old, was severely injured after he jumped out of a moving vehicle. He was hospitalized, and later died after Dr. Theresa Duane disconnected him from a ventilator, allegedly without his parents’ consent. Berman De Paz Gonzalez, Sr. and Emerita Martinez[...]

Texas Appellate Court Affirms Defense Verdict For Sponge Left In After Surgery Malpractice Case

December 30, 2023

The uncontested evidence during trial established that Robert Santaella, M.D. surgically removed a mass fromEmily Abney-Acosta’s abdomen, and a sponge remained in her abdominal cavity after the surgery. During the months following the surgery, Santaella and other physicians aspirated a seroma that[...]

Texas Supreme Court Applies One-Satisfaction Rule In Reducing Medical Malpractice Verdict

April 9, 2023

Court Applies One-Satisfaction Rule In Reducing Verdict: The Supreme Court of Texas stated in its opinion dated February 17, 2023: “This medical malpractice case presents two principal questions about how to calculate the trial court’s judgment: (1) whether to credit a settlement by a family[...]

$10.2M Texas Medical Malpractice Verdict Against Hospital

February 15, 2023

$10.2M Malpractice Verdict Against Hospital: On December 9, 2022, a Texas medical malpractice jury returned its verdict in favor of the plaintiffs (wife and husband) in the amount of $10.2 million against a hospital for the delay in proper medical treatment that led to the wife suffering permanent p[...]

$3.5 Million Texas Medical Malpractice Verdict For Misdiagnosis Of Blood Clot

January 15, 2023

$3.5 Million For Misdiagnosis Of Blood Clot: On September 28, 2022, a Texas medical malpractice jury in Houston returned its verdict in the amount of $3.5 million in favor of the plaintiff who alleged that the defendant failed to properly diagnose a large blood clot in his leg that left him with a s[...]

Texas Appellate Court Holds Medical Residents Immune From Medical Malpractice Claims

November 14, 2022

Medical Residents Immune From Malpractice Claims: The Court of Appeals for the First District of Texas (“Texas Appellate Court”) held in its opinion issued on August 18, 2022: “we conclude that the doctors conclusively established that Texas Civil Practice and Remedies Code section[...]

Texas Appellate Court Holds Discovery Rule Did Not Apply To Health Care Liability Lawsuit

October 31, 2022

Court Holds Discovery Rule Did Not Apply: The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its Memorandum Opinion filed on August 9, 2022, “Because it is undisputed that Villegas’s claims are health care liability claims, the statute of lim[...]

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Tag: Texas medical malpractice lawyers