The Texas Healthcare Liability Act imposes strict rules on how malpractice claims are filed and handled, with significant 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 board certification 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.
The Texas Healthcare Liability Act and Its Impact on Providers
The Texas Healthcare Liability Act (THCLA) was enacted to regulate medical malpractice claims and protect healthcare providers from unfounded lawsuits.
It establishes specific requirements for filing claims, including the submission of an expert report early in the process to validate the allegations. Additionally, the Act includes limits on non-economic damages to reduce the financial burden on healthcare professionals and facilities.
Compliance with the THCLA’s rules and deadlines is necessary to avoid further complications. Our civil malpractice defense lawyers can help address compliance issues and advocate on your behalf throughout the investigation.
How Healthcare Liability Act Claims Can Impact Providers
Healthcare Liability Act claims carry serious consequences for physicians and other medical professionals. Accusations of malpractice can jeopardize board certification, 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
Chapter 74 of the Texas Civil Practice & Remedies Code sets out specific legal requirements for malpractice claims, and a failure to comply can result in serious consequences, including 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.
The expert report must provide a fair summary of the expert’s opinions regarding the applicable standard of care, how the defendant allegedly failed to meet that standard, and the causal relationship between that failure and the claimed injury.
The expert report needs to establish a causal link between the alleged negligence 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.
Filing Deadlines
The Act also enforces strict filing deadlines for initiating malpractice claims. Generally, plaintiffs must file their lawsuit within two years of the alleged incident. A 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.
Working with Medical Experts
To comply with the Act’s expert report requirements and strengthen your defense, we work with qualified medical experts who can provide detailed opinions about your case. These experts review the facts, assess the allegations, and prepare reports that address the core issues raised in the claim.
Representation in Hearings or Negotiations
Your case may involve informal negotiations or formal hearings, and we provide skilled representation at every step. We advocate to protect your license, reputation, and career during settlement discussions and, if necessary, 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. Licensing board investigations and disciplinary actions require detailed knowledge of specific rules, procedures, and standards that vary by profession and agency.
Responding to complaints or investigations without proper legal counsel can put your professional license at risk. Missteps in the process, such as incomplete responses or missed deadlines, can lead to unnecessary penalties or even license suspension.
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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 attorneys have extensive experience handling cases before the Texas Medical Board and other licensing agencies. We offer personalized legal strategies tailored to the specific requirements of the Healthcare Liability Act. Contact our Client Success Liaison today.
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