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Texas Malpractice Law

  • Let me at first explain you that what Medical Malpractice is? You should know that the medical malpractice law is also called the medical negligence. It happens when some health care providers or the doctor treats the patient badly and the patient’s condition becomes even more serious. This might leads to the problems for the patients. They might move to some other doctor and become fit within few days or might die but the next doctor finds that the first doctor was the culprit. In all these cases the medical malpractice law is applicable. I am also quite sure that you must be quite eager to know about the mal practice law.

    However I must tell you that these rules are different in different states. In this article I am going to talk about the Texas state. The description goes like this:

    1. Limits of malpractice damage
    In Texas the noneconomic damages for all doctors and health care practitioners is limited to $250,000.00. As far as the total liability for any one health care facility is concerned it cannot really exceed $250,000.00, and the total liability for all defendant health care facilities should not exceed $500,000.00. This produces an effectual overall compensation limit of $750,000.00.

    2. Collateral Source Rule
    According to this rule the doctor cannot argue that the plaintiff has already got the compensation from some insurance company. He can never say this. Actually they are used to arguing that why they should pay the compensation when they gave already received the compensation. Let me tell that the government has made it clear to all the doctors and health care experts that they cannot argue on this issue. They will have to pay the compensation to the plaintiff at any cost if it is proved that they are wrong.

    3. Rules for expert witness
    Let me tell you that some restrictions are laid on the expert witness in Texas. Here the expert witness must be an expert physician. He must have complete knowledge and should be at the same position as well as in the same department. Only then they will be allowed to act as an expert witness. If they fail then there words will not be counted.

    4. Joint and several liabilities
    If many doctors are involved in the case then according to this law they will separately have to pay the full compensation. This rule has been made to make sure that if one doctor fails to pay the compensation then it will be paid by the other doctors.

    These are some of the rules and regulations as far as the Texas malpractice laws are concerned. In fact this is an attempt to make the plaintiff feel safe when they are ill treated by some doctors. These laws are fully meant for the plaintiffs.

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