How To Prove A Texas Health Care Liability Claim

 

 

In Texas, a claim of Health Care Liability is defined as:

In Texas, a Health Care Liability Claim (HCLC) is brought against a healthcare provider or healthcare facility for alleged negligence or medical malpractice. Essentially, it is a legal claim filed by a patient or their representative (such as a family member) who believes they have suffered harm or injury due to the substandard care or medical errors of a healthcare professional or institution.

It simply means:

When a party purposefully causes someone psychological suffering.

There are 3 elements of the claim:

• Element 1. The defendant is a health care provider or physician. In a health care liability claim, the defendant is the doctor or medical professional being accused of wrongdoing or negligence in their treatment of a patient.
  

  Facts that might support this element look like:

  * The defendant is a licensed physician in the state, holding a valid medical license issued by the state medical board.
  * The defendant has completed a residency program in their specialty, demonstrating their training and expertise in the field of medicine.
  * The defendant has been practicing medicine for over ten years, providing care to patients in a clinical setting.
  * The defendant is affiliated with a recognized hospital, where they have privileges to treat patients and perform medical procedures.
  * The defendant is board-certified in their specialty, indicating they have met the rigorous standards set by a professional medical board.

• Element 2. The claimant’s cause of action is for treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety, professional or administrative services related to health care. The claimant’s cause of action involves a situation where they believe they received poor medical care, were not treated when they should have been, or experienced unsafe practices that did not meet the accepted standards in healthcare or related services.
  

  Facts that might support this element look like:

  * The claimant received treatment that deviated from established medical guidelines, resulting in a worsening of their condition.
  * Medical records indicate that the healthcare provider failed to perform necessary diagnostic tests, which are standard practice for the claimant’s symptoms.
  * The claimant was not informed of potential risks associated with the prescribed treatment, violating informed consent protocols.
  * The healthcare facility did not adhere to infection control procedures, leading to the claimant acquiring a preventable infection.
  * The provider’s documentation lacks evidence of a treatment plan, which is essential for ensuring continuity and quality of care.

• Element 3. The defendant’s departure from accepted standards proximately caused the claimant’s injury or death. This means that the defendant did not follow the usual medical practices, and this failure directly led to the injury or death of the claimant.
  

  Facts that might support this element look like:

  * The defendant failed to follow established protocols for patient monitoring, leading to a critical delay in treatment.
  * The defendant did not administer the standard dosage of medication, resulting in the patient’s deterioration.
  * The defendant neglected to perform necessary diagnostic tests, which directly contributed to the misdiagnosis and subsequent harm.
  * The defendant’s lack of timely intervention allowed the patient’s condition to worsen, ultimately causing irreversible damage.
  * The defendant’s inadequate training in emergency procedures led to a failure to respond appropriately during a critical situation.

^{(See Loaisiga v. Cerda, 379 SW 3d 248 – Tex: Supreme Court 2012. Texas Civil Practice and Remedies Code Section 74.001(a)(13). Marks v. St. Luke’s Episcopal Hosp., 319 S.W.3d 658, 662 (Tex. 2010).)}
If you’re in court without a lawyer and plan to assert a Claim of Health Care Liability, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.

Prove Your TX Health Care Liability Claim

U.S. Civil Cases Only