My Child is a Victim of Medical Malpractice in Texas – Can I Sue on their Behalf?

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In your role as a parent, you have no greater responsibility than to keep your child out of harm’s way. It is an unfortunate reality that this is not always possible. You will most likely be seeking financial compensation to help your child heal if they have recently sustained an injury due to medical malpractice. For more information on whether you can file a medical malpractice lawsuit on behalf of your minor child, please continue reading, then contact an experienced Harris County, Texas medical malpractice lawyer today. Our firm can help you and your child navigate each step of the medical malpractice claims process ahead. Here are some questions you may have:

Can a parent file a medical malpractice claim on behalf of their child in Texas?

An adult acting in the capacity of next friend may file a medical malpractice lawsuit for a minor under Lonestar State law. Typically, the statute of limitations in cases of pediatric medical malpractice is the same as in adult medical malpractice. That is, two years, starting from the date of the underlying injurious incident. However, if your child was under the age of twelve at the time of the injury, you may file a medical malpractice claim on behalf of the minor anytime before the child’s fourteenth birthday.

How might my child sustain a medical malpractice injury in Texas?

Sadly, errors happen frequently in the medical community. Medical communities work very hard to conceal these mistakes from the general public. Overworked medical professionals often do not have the time or resources to provide individualized care to their young charges. As a result, your child may suffer a severe injury or even death. The following are some of the most frequent mistakes:

  • Failure to diagnose
  • Failure to follow up
  • Meningitis
  • Pneumonia
  • Infections
  • Negative drug reactions
  • Cancer
  • Leukemia

How do you file a medical malpractice lawsuit on your child’s behalf in Texas?

Before an injured patient or their next friend can file a medical malpractice lawsuit in the Texas civil court system, Texas Civil Practice Remedies Code section 74.051 requires that the prospective plaintiff or their next friend, usually through their attorney, provide written notice of the claim to each health care provider they plan to name in the lawsuit, at least sixty days before they file the case. Along with the notice of claim, the patient or next friend must provide each named health care provider with an “authorization form for release of protected health information,” so that the provider(s) can begin to investigate the claims. Their findings will affect the rest of the medical malpractice process.

Before you make any major decisions, speak with someone from our firm to discuss your child’s rights and prepare the best path forward.

Contact Our Team Today

If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.