Find a medical malpractice lawyer in Midland: public hospital rules and deadlines

Who do I file against for medical negligence in Midland?

The name on the building may not be the one you sue. Different Midland providers have very different rules, so sort this out first.

A doctor who works in Midland Memorial may be employed by someone else. Ask billing for the name on your invoice. That bill can tell you which group the doctor belongs to, and which set of deadlines to follow.

Is Midland Memorial Hospital a government hospital?

It is run by a hospital district. Texas law says the district performs an essential public function, and it may sue and be sued. The Tort Claims Act covers political subdivisions of the state. For you, that brings three changes.

• Notice: six months, unless the government already had actual notice.
• Limit on money: $100,000 per person and $300,000 per occurrence for a unit of local government.
• Limits on claims: government care claims are limited to certain situations. A bad judgment call may not be enough, while misuse of equipment might.

The district's board members are elected officials. Ask for your own records through Release of Information. Call (432) 221-1111, the Midland Health main line, to find that office. If the notice period is close, send a letter rather than waiting on a call back.

What are the deadlines for a Texas malpractice case in Midland?

1. Day one: request all records. A provider has to act on that request within 30 days.
2. Within 6 months: send written notice if a public hospital may be involved.
3. At least 60 days before suit: send written notice to each provider, with the required medical release. Notice sent the right way adds a 75 day pause to the deadline.
4. Within two years of the act or end of treatment: file suit. There is an outer limit of 10 years.
5. Within 120 days after each defendant answers: serve an expert report. If you miss it, the case is dismissed and the court awards fees and costs.

These suits are filed through the District Clerk, who keeps civil records for serious personal injury cases, at 500 N. Loraine, Suite 300. Texas hospitals may dispose of records after 10 years, so do not count on them being there later.

What if the mistake happened in the Midland ER?

This is harder. For true emergency care, a patient must prove willful and wanton negligence, a higher bar than ordinary carelessness. In Midland, the emergency department at Midland Memorial is rated a Level 3 Adult Trauma Center. Patients needing more may be moved elsewhere, and that transfer decision can be part of the story. Write down the times you remember while they are fresh.

How much can you recover in a Midland malpractice case?

Texas limits it. Texas caps pain and suffering at $250,000 per claimant against all doctors together, and at $500,000 against all institutions together. Death cases have a $500,000 base limit on all damages, adjusted by the consumer price index.

If Medicare paid for your care, it must be repaid out of a settlement. Because of these limits and the cost of experts, many lawyers turn down smaller cases. If one says no, it may be about the numbers and not about what happened to you.

A complaint to the state medical board is separate from a lawsuit. It will not pay you, but it may matter to you and to the next patient.

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