The Texas Healthcare Liability Act governs how medical malpractice claims are filed and handled and has high-stakes implications for healthcare providers. At Bertolino LLP, our healthcare liability act claims defense lawyers represent medical professionals accused of negligence or malpractice under this law.
With over 20 years of experience and having served thousands of licensed professionals across Texas, we are well-versed in the Act’s requirements, including the filing of expert reports and compliance with statutory deadlines.
Our credentials and malpractice defense lawyers work to protect your license and professional reputation by addressing any legal and procedural challenges of these claims. Contact our Client Success Liaison for a free initial consultation.
What The Texas Healthcare Liability Act Does for Healthcare Providers
The Texas Healthcare Liability Act (THCLA) establishes the legal framework governing health care liability claims in Texas, including expert report requirements, procedural rules, and limitations on certain damages.
The Act specifies requirements for patients filing claims, including the submission of an expert report that validates the allegations, and places limits on potential non-economic damages.
Compliance with THCLA’s rules and deadlines is necessary to avoid further complications. Our civil malpractice defense lawyers address compliance issues and advocate for our clients throughout the investigation.
How Healthcare Liability Act Claims Impact Providers
The outcome of THCLA claims can have serious consequences for physicians and other medical professionals. Accusations of medical malpractice can jeopardize your credentials, hospital privileges, and employment opportunities.
These claims often extend beyond financial damages, potentially triggering investigations or disciplinary actions by licensing boards, risking a provider’s professional standing and reputation.
With so much at stake, having a Healthcare Liability Act claims defense lawyer can help mitigate these risks and protect your career and future.
Legal Requirements Under the Texas Healthcare Liability Act
Texas Civil Practice & Remedies Code, Chapter 74, sets out specific legal requirements for malpractice claims, and a failure to comply can result in dismissal of the case or financial penalties.
Submission of an Expert Report
Texas Civil Practice and Remedies Code Chapter 74.351 refers to the legal requirements for the submission of an expert report, which must be served within 120 days of the defendant’s response to the lawsuit.
An expert report must provide a summary of the expert witness’s opinions regarding the applicable standard of care, how the defendant allegedly failed to meet that standard of care, and how that specific failure caused the claimed injury.
The expert report needs to establish a causal link between the alleged medical error and the patient’s injury or outcome. If the evidence in the report is found to be insufficient or is not submitted on time, the court may dismiss the case and award attorneys’ fees to the defendant.
How Long Does a Patient Have to File a Claim?
Generally, a plaintiff must file their claim within two years of the alleged incident. The 10-year statute of repose generally bars claims filed after that period, regardless of discovery.
Our Healthcare Liability Act claims defense attorneys can help you address these requirements and avoid the consequences of procedural missteps.
Our Healthcare Liability Act Claims Defense Attorney’s Legal Approach
At Bertolino LLP, we take a thorough and strategic approach to defending healthcare professionals against Healthcare Liability Act claims. We develop a defense tailored to each client’s specific circumstances.
Reviewing Complaints and Initial Assessment
Our process begins with a detailed review of the complaint and the allegations made under the Healthcare Liability Act.
Our Healthcare Liability Act claims defense lawyers analyze the claims against you to identify procedural issues or a lack of supporting evidence. This initial assessment guides the development of a strong defense strategy.
Organizing Evidence and Building the Case
We collect and organize relevant medical records, correspondence, and other documentation necessary to demonstrate that you afforded your patient the standard of care.
Obtaining a Medical Expert’s Report
We work with qualified medical experts who can provide detailed opinions about your case. These specialists assess the allegations and prepare reports that address the core issues raised in the claim.
For example, a medical expert can assess whether or not another reasonable medical professional would have taken the same actions in the same situation to address the standard of care.
Representation in Hearings or During Negotiations
Your case could involve informal negotiations or formal hearings, and we provide skilled representation at every step. We advocate for you during settlement discussions and in court proceedings.
The Importance of Having Attorney-Driven Representation
Be very careful when using AI. AI-based tools and automated legal content may offer general information, but they cannot represent you before a licensing board or provide the judgment and skill of an experienced license defense attorney.
Healthcare Liability Act claims and related licensing matters often involve detailed procedural requirements, regulatory obligations, and professional risks. Responding to complaints, investigations, or disciplinary actions requires a thorough understanding of Texas licensing board procedures and applicable legal standards.
Our license defense attorneys help healthcare professionals prepare responses, address procedural requirements, and protect their professional licenses and reputations throughout investigations, disciplinary proceedings, and related malpractice matters.
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Damage Caps Under the Texas Healthcare Liability Act
The Texas Healthcare Liability Act (THCLA) provides damage cap provisions. Non-economic damages, such as pain and suffering, are limited to $250,000 per claimant against individual providers and $500,000 against healthcare facilities.
Our Healthcare Liability Act claim lawyers strive to protect your license by utilizing these statutory protections, crafting a defense tailored to the specific details of your case.
Protect Your Medical Career with Bertolino LLP
Defending against a claim under the Texas Healthcare Liability Act requires experience, preparation, and a focused legal strategy.
At Bertolino LLP, we have built our practice on protecting licensed professionals like you. With over 20 years of experience and having successfully served thousands of clients across Texas, we are committed to safeguarding your license, reputation, and career.
Our team has extensive experience handling cases before the Texas Medical Board and other credential and licensing agencies. We offer personalized legal strategies tailored to the specific requirements of the Healthcare Liability Act. Contact our Client Success Liaison today.
Call or text (512) 515-9518 or complete a Case Evaluation form
