Last Updated on August 12, 2019 by Michelle Wan
Knowing what hospital to choose for your medical needs is important. I am not saying that a county-owned or government-owned hospital is a bad place and that you can’t be treated there. I am just simply saying it is really hard to sue a government-owned hospital for medical malpractice in the event the hospital’s negligence causes something bad to happen to you. The Texas Tort Claims Act protects them because these hospitals are owned by the government. I personally did not know this before I started working at my law firm. I figured anyone could be sued at any time for any wrongdoing. With research and learning more about this field; I was proved wrong, and it is why I am writing this article today. When it comes to doctors, nurses, and staff that work at county-owned hospitals, they are also protected by the Texas Tort Claims Act.
If you want to sue a county-owned hospital or a doctor that works at a county hospital, you need to know there is a STRICT 6-month time limit on giving written notice to the hospital or doctor in Texas. Usually, in Texas, you have two years from the date of the malpractice to bring a lawsuit. However, if you want to sue a county-owned hospital or doctor that works at a county hospital, you must send written notice that is received by the hospital or doctor within 6 months after the date of the malpractice. If you do not send written notice within 6 months you are FOREVER BARRED from suing that county hospital or doctor. Bottom line, if you or your family member suffered serious injury or death from a county-owned hospital or doctor, you need to act fast.
Under the Texas Tort Claims Act, there are “caps” on damages that a plaintiff can be awarded. For medical malpractice cases against a county-owned hospital or doctor that works at a county hospital, the limit on damages is essentially $100,000 total—that’s for all damages, both economic and non-economic. Please note that for private hospitals and doctors, the caps are different.
Now I am not telling you to seek out a hospital that isn’t a county-owned hospital; I am simply just giving you some facts I found interesting. We all go to the hospital hoping nothing bad will happen, but this isn’t always the case. Just do your homework before hand. Know what hospital is closest to you in the event you need to go. Know what hospitals are a government-owned hospital and which are not. Make the best choice for you.
Since working at Thomas & Wan, LLP I have learned a lot of valuable information. Ms. Thomas and Ms. Wan have experience in so many areas and can answer your questions. We are here to help. Please contact 713-529-1177 today. You will be happy you did.
