Texas Second Amended Complaint - Improper Medical Treatment

State:
Multi-State
Control #:
US-PI-0296
Format:
Word; 
Rich Text
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This form is a sample personal injury complaint alleging that the negligent or deliberate acts of plaintiff's physical therapist while providing treatment to plaintiff caused plaintiff's injury.
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FAQ

Section 74.251 - Statute of Limitations on Health Care Liability Claims (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care ...

File a complaint with the Health Facility Compliance Group at the Texas Department of State Health Services (DSHS). This is the agency ensuring that hospitals and health facilities are providing safe, responsible care.

(a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state ...

In Texas, Chapter 74 of the Civil Practice and Remedies Code requires a claimant in a health care liability suit to serve expert reports against each defendant health care provider or physician, within 120 days of the defendant's answer date.

The CPRC governs many of the critical aspects of civil litigation, including: (1) venue, (2) statutes of limitations, (3) declaratory judgments, (4) extraordinary remedies (e.g., injunctions, receiverships), (5) medical malpractice, (6) tort and governmental liability, (7) proportionate responsibility and contribution, ...

Section 74.155 - Liability of Physicians, Health Care Providers, and First Responders During Pandemic (a) In this section: (1) "Disaster declaration" means a declaration of a state of disaster or emergency by the president of the United States applicable to the entire state, a declaration of a state of disaster by the ...

Second Amended Complaint means the pleading to be filed prior to the Final Judgment defined below is entered and which will be the operative pleading for purposes of entering Final Judgment.

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Texas Second Amended Complaint - Improper Medical Treatment