Texas Complaint for Medical Malpractice regarding Diagnosis and Treatment

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Multi-State
Control #:
US-CMP-10041
Format:
Word; 
Rich Text
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Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

The Board cannot accept complaints submitted anonymously. The most frequent complaints involve issues related to standard of care, professional incompetence, unprofessional conduct which may endanger the public, and inability to practice medicine by reason of mental or physical impairment.

The 4 C's of medical malpractice refer to the key components of a claim: competence, communication, compassion, and consent.

Formal complaints filed by the Board at the State Office of Administrative Hearings are public documents.

The cap on non-economic damages against health care providers is $250,000. The cap on non-economic damages against health care facilities is $500,000. The maximum settlement victims can expect from a medical malpractice lawsuit ranges between $250,000 to $750,000.

To submit a complaint to the HHS Ombudsman, you can: Fill out this online form. Call 866-566-8989 8 a.m. to 5 p.m. Central Time, Monday through Friday and speak to someone that day.

The limits only kick in when you receive compensation for pain and suffering due to medical malpractice. ing to Texas law, you can only get up to $250,000 per defendant and no more than $500,000 total.

Noneconomic damages are capped by Texas Civil Practice & Remedies Code Section 74.301 for medical malpractice cases as follows: $250,000 cap for all individual physicians or health care providers combined.

Under Texas law, the accepted standard of medical care is to act as a healthcare provider of reasonable and ordinary prudence would act under the same or similar circumstances. Chambers v. Conway, 883 S.W. 2d 156, 158 (Tex.

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Texas Complaint for Medical Malpractice regarding Diagnosis and Treatment