Medical Malpractice Mistakes The Quiet Killer
It’s estimated that over 43,000 people die in car accidents each year. Breast cancer claims over 42,000 a year and over 16,000 people die of AIDS each year. But there is another killer claiming many, many more lives each year. It’s medical malpractice, called the "quiet killer" because you don’t hear much about it. However, deaths from medical mistakes have reached such alarming numbers that you’re going to be hearing a lot more about the subject in the future.
President Clinton unveiled a series of initiatives this past February intended to cut the incidence of medical errors in the United States by 50% within the next 5 years. As part of this initiative, the federal task force convened on September 11, 2000 to discuss ways to reduce medical errors.
The National Summit on Medical Errors and Patient Safety Research was in response to a disturbing report released in November 1999 by the Institute of Medicine (IOM). The report, To Err is Human: Building a Safer Health System (http://books.nap.edu/catalog/blurb) estimated that between 44,000 and 98,000 Americans die each year due to medical mistakes.
There are many different kinds of medical mistakes, but some examples are: dispensing the wrong medicine or the wrong dose of medicine; improper reading of x-rays; transfusion errors; the misdiagnosis of a life-threatening condition; surgery on the wrong limb; accidents during surgery; infections related to treatment; birth trauma; preventable suicide; restraint-related injuries; burns, falls and pressure ulcers.
Statutes of Limitations in Texas
No medical malpractice action may be brought more than two years from the date of the breach or tort or from the completion of treatment. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 10.01 (West Supp. 1998). If an injury results from a negligent course of treatment, rather than a specific instance of negligence, the limitations period begins on the last date of treatment, but if the precise date of the breach or tort is ascertainable, the limitations period begins on that date. Bala v. Maxwell, 909 S.W.2d 889 (Tex. 1995). If the period begins before a claimant has reached the age of eighteen, however, an action may be brought at any time until the claimant's twentieth birthday. Weiner v. Wasson, 900 S.W.2d 316 (Tex. 1995) (holding unconstitutional that part of the statute extending time for minors under twelve only until their fourteenth birthdays). Recent case law holds that the foregoing medical malpractice statute of limitations, not the wrongful death statute of limitations, Tex. Civ. Prac. & Rem. Code Ann. § 16.003(b) (West 1986), applies to claims brought for malpractice resulting in death. Bala v. Maxwell, 909 S.W.2d 889 (Tex. 1995).
The Supreme Court has made it clear in recent cases that under § 10.01 an action does not accrue at the time of discovery and that the discovery rule formerly applied by the courts has been revoked. However, it has granted that in certain cases (not including death cases) application of § 10.01 to bar a claim before it could reasonably be discovered would be unconstitutional because it would unreasonably deprive a plaintiff of the opportunity to exercise a well-recognized common law right. See Diaz v. Westphal, 941 S.W.2d 96 (Tex. 1997); Baptist Memorial Hospital System v. Arredondo, 922 S.W.2d 120 (Tex. 1996).
Be aware of the new ruling by the Texas Supreme Court. The Texas Supreme Ct was divided on a recent medical malpractice case (01/04/2002). The Texas Supreme Court issued a 5-4 decision that the statute of limitations ran out on a medical malpractice case involving an unsuccessful eye surgery. The issue was the Med Liability & Ins Improvement Act, which determines that last day of treatment can trigger 2-yr limitations, if the exact date of the alleged injury occurred cannot be determined. This case can radically change how the statute of limitations applies to medical malpractice cases in Texas.
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If you believe you’ve been the victim of a medical mistake, you need an attorney with experience in medical malpractice to evaluate and handle your case. Our firm handles personal injuries related to medical malpractice for clients across the state of Texas. Please Contact Us or call us at:
972-243-LAWS (5297)
Medical Malpractice - Attorneys - Texas - Dallas
