A Texas appellate court recently affirmed the dismissal of a lawsuit against a genetic testing company and a hospital. The company and the hospital failed to detect Down syndrome in a newborn baby. Although the parents sued the company and the hospital for fraud and negligence, the court found that the parents were basically asserting a medical malpractice claim.
In Texas, in order to bring a medical malpractice claim, the claiming must serve one or more expert reports for each physician or provider against whom a claim is asserted within 120 days after filing the lawsuit. The expert reports need to summarize their opinions about the standard of care, why the standard of care was not met, and the causation between the failure to meet the standard of care and the injuries. If a claimant fails to serve a report within 120 days, the claim can be dismissed.
If you have been harmed by a doctor or a hospital, it’s important to hire an experienced and qualified medical malpractice legal team to help. Unfortunately, claims for medical malpractice in Texas can be difficult to pursue. There are a lot of strict requirements that must be met. In addition, damages can be limited.
However, if you have been harmed by a medical provider, you should pursue an action. Call the Houston personal injury attorneys at Kennedy Hodges at 855-947-0707. Our team can help. Call us today to learn more or to schedule a free consultation.