Can a catastrophic injury claim involve medical malpractice?
Yes, a catastrophic injury claim can involve medical malpractice in Texas. A catastrophic injury is one that permanently changes an individual’s life—whether physically, mentally, or emotionally—and may require long-term medical treatment and/or special accommodations. In cases of medical malpractice, a patient may experience a catastrophic injury as a result of a doctor’s or healthcare provider’s negligent act. In order to recover damages for a catastrophic injury caused by medical malpractice, the injured party must provide evidence that the injury was caused by the healthcare provider’s failure to exercise a reasonable duty of care. This means that they must prove that the healthcare provider acted in a negligent manner, resulting in the catastrophic injury. In Texas, the statute of limitations for a medical malpractice claim is two years from the date of the injury, or two years from the date the injury was or should have been discovered. This means if a claim is not filed within two years, then the injured party may not be able to recover damages. If a person files a claim for a catastrophic injury due to medical malpractice and is successful, they may be able to recover both economic and non-economic damages. Economic damages are intended to compensate individuals for their medical expenses, lost wages, and other costs related to the injury. Non-economic damages are meant to compensate the injured party for emotional distress, pain and suffering, and other intangible losses.
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