In Columbia North Hills Hospital, Subsidiary LP v. Tucker, a defendant appealed the court’s denial of its motion to dismiss. The case arose when the plaintiff checked into the hospital with serious abdominal pain. Although she was discharged, she returned the same day and had to have a surgery. After…
Texas Civil Practice and Remedies Code section 74.251 sets forth the statute of limitations on health care liability claims. The limitations period is measured from the occurrence of the breach or tort, or the last date of treatment, or the last date of relevant hospitalization. The plaintiff can’t choose the…
In Methodist Health Centers v. Crawford, a Texas woman’s son and daughter sued a health center for medical malpractice in connection with its care of their mother. The mother was admitted to a nursing facility with a history of diabetes and dementia. She had a pressure ulcer on her back and…
Failure to file a medical malpractice claim within the time limits can result in your claim being barred. In the recent case of Gale v. Lucio, a doctor and wellness center appealed on the issue of whether the plaintiff could invoke the open courts provision of the state constitution to toll…
According to a recent article in The New York Times, citing a study published online by BMJ Quality & Safety on April 22, 2013, most medical malpractice settlements and damage awards were the result of diagnostic mistakes. In fact, the study, which was compiled using the National Practitioner Data Bank,…