Introduction
Medical malpractice can have devastating consequences for patients and their families. While most medical malpractice cases involve private hospitals or healthcare providers, some incidents occur at government-owned medical facilities, such as public hospitals, VA hospitals, or clinics operated by the state or federal government.
Filing a medical malpractice claim against a government entity in Texas is not as straightforward as pursuing a claim against a private provider. Government entities enjoy sovereign immunity, a legal principle that protects them from lawsuits in many cases. However, under the Texas Tort Claims Act (TTCA), there are limited exceptions that allow individuals to sue government entities for medical negligence.
What Is Sovereign Immunity?
Sovereign immunity is a legal doctrine that protects government entities and employees from lawsuits unless explicitly waived by law. In Texas, sovereign immunity applies to state agencies, public hospitals, and other government-operated facilities.
However, the Texas Tort Claims Act (TTCA) provides exceptions to sovereign immunity in certain cases, including claims for injuries caused by negligence in government facilities. This includes medical malpractice claims arising from: Public hospitals, Clinics operated by state or local governments, VA hospitals or military medical facilities
Filing a Medical Malpractice Claim Under the Texas Tort Claims Act
Filing a medical malpractice claim against a government entity under the TTCA involves specific rules and requirements that differ from standard medical malpractice cases.
Key Requirements
- Notice of Claim
Under the TTCA, you must file a notice of claim with the government entity within six months of the incident. This notice must include:- A description of the injury
- The date and location of the incident
- A statement of the damages sought
Failure to provide timely notice can result in the dismissal of your claim.
- Damage Caps
The TTCA imposes strict limits on the amount of compensation you can recover:- $250,000 per person
- $500,000 per incident, regardless of the number of claimants
- Proving Negligence
As in standard medical malpractice cases, you must prove that:- The healthcare provider owed you a duty of care.
- The provider breached that duty through negligence.
- The breach caused your injuries.
- You suffered damages as a result.
Scenario-Based Examples
Scenario 1: Negligence at a Public Hospital
Sarah underwent surgery at a government-owned hospital in Texas. During the procedure, the surgical team left a sponge inside her body, leading to severe infection and additional surgeries. Under the TTCA, Sarah could file a medical malpractice claim against the public hospital for negligence. However, she must file a notice of claim within six months and would be subject to the $250,000 cap on damages.
Scenario 2: Misdiagnosis at a VA Hospital
John, a veteran, visited a VA hospital in Texas with symptoms of severe chest pain. The attending physician misdiagnosed him with acid reflux, failing to diagnose a heart attack. John suffered permanent damage as a result. John can file a malpractice claim under the Federal Tort Claims Act (FTCA), which governs medical negligence cases against federal healthcare providers. He must comply with specific procedural rules, including filing a claim with the VA before proceeding with a lawsuit.
Scenario 3: Birth Injury at a County-Operated Hospital
Maria delivered her baby at a county-operated hospital in Texas. Due to negligent monitoring by the medical staff, her baby suffered oxygen deprivation, resulting in permanent brain damage. Maria could file a claim under the TTCA, but her compensation would be capped at $500,000 for the entire incident, shared among all claimants.
Challenges of Suing a Government Entity for Medical Malpractice
- Shorter Filing Deadlines
Unlike standard malpractice cases, which typically allow two years to file, the TTCA requires a notice of claim within six months.
- Damage Caps
The TTCA’s caps on damages significantly limit the compensation available compared to private malpractice cases.
- Immunity for Certain Employees
Government employees may be immune from personal liability under the TTCA if they were acting within the scope of their employment.
- Complex Procedural Rules
Filing a claim under the TTCA or FTCA requires strict adherence to procedural rules, making it essential to work with an experienced attorney.
How can we assist?
Filing a medical malpractice claim against a government entity in Texas can be a daunting process due to sovereign immunity, strict deadlines, and damage caps. However, exceptions under the Texas Tort Claims Act and Federal Tort Claims Act provide avenues for patients to seek justice and compensation for injuries caused by government-operated healthcare facilities.
The medical negligence lawyers at InjuryFromHospital.com are highly skilled in litigating medical malpractice claims across the country. The firm has the resources to take any medical malpractice case to trial. Additionally, the firm has an in-house board-certified OB-GYN doctor that reviews all medical malpractice cases and works collaboratively with the lawyers to develop appropriate case strategy.
Please contact us at 1 855-538-0863 today for a free consultation. If we accept your case, you will not be charged any fees unless we win or recover for you. NO WIN NO FEE!