This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Texas Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
The basics of Texas law It caps the amount of money that can be awarded for pain and suffering in any medical error claim to a maximum of $250,000. There is no limit on the amount that can be reimbursed for medical costs or lost wages.
Ing to Texas statute, a ?wrongful death? occurs when one of the following happens: Medical practitioners didn't follow the standards of care established for the patient's safety. The medical facility had a responsibility or obligation to either take some action or refrain from taking any action.
In total, the non-economic damages cap can reach up to $500,000, in the case that you sue both the doctor or healthcare provider and the hospital. So, the most you can get if you file a suit against a doctor is $250,000. If you sue a hospital for negligence, you can get the same amount.
Liability Limits Wrongful death suits have higher limits compared to malpractice cases. The state has a strict $250,000 limit on noneconomic damages in cases of medical malpractice per claimant in lawsuits against individual health care providers.
Minors ? For medical malpractice statute of limitations, Texas has an exception for minors who are injured before the age of 12 being able to file a claim anytime until age 14. For example, if a child is harmed at age 6, they can file suit at any point up until age 14.
Non-economic damages are extremely subjective in nature. The jury will have to rely on its belief about what these damages are worth in dollar terms. See how pain and suffering is calculated in Texas. There are currently no caps on pain and suffering (non-economic damages) in Texas, except in medical malpractice cases.
What Qualifies as Medical Malpractice in Texas? The Texas Civil Practice and Remedies Code states that medical malpractice is when a health care provider administers ?treatment, lack of treatment or other claimed departure from accepted standards of medical care? that results in injury or death to the patient.
$250,000 cap for all individual physicians or health care providers combined. $250,000 cap for a hospital or facility, up to a maximum of $500,000 if there are multiple hospital or facility defendants. Although the noneconomic damages cap became law in 2003, it's not indexed for inflation and isn't adjusted each year.