Most Texas medical malpractice cases require experts to prove causation. There are exceptions where a jury does not need an expert to decide causation. Those medical malpractice cases are limited to those cases where a jury can use its own experience and common sense to determine causation. For example, a jury will not need an…
Continue reading ›The most difficult aspect of proving the San Antonio and greater Texas medical malpractice case is proving causation through expert testimony. There have been incredibly vast changes in the law of medical malpractice. In the late 1970s, the Texas legislature was tasked with remedying the “medical malpractice insurance crisis” which allegedly was the product of…
Continue reading ›In 2009, there were several seminal cases in the area of Texas medical malpractice and Texas nursing home abuse litigation . In Dallas, the patient brought an action against both the physician and the physician’s assistant (PA) for their failure to follow up on a mass detected on a mammogram. It is important to note…
Continue reading ›Although Texas reforms have put the breaks on a lot of Texas medical malpractice claims , there are still several great examples of medical negligence cases which can be brought by a Texas medical malpractice lawyer. In one case, a patient fell from a hospital bed and alleged several acts of negligence. After initially being…
Continue reading ›There have been several San Antonio nursing home personal injuries which merit comment. The executrix of the estate of a San Antonio nursing home resident sued 2 doctors and the nursing home for medical malpractice. The alleged victim was a 72 year old woman who developed a staph infection and sepsis after her back surgery.…
Continue reading ›Texas Civil Practice and Remedies Code (CPRC) 82.008 creates a rebuttable presumption of no liability in certain Texas product liability personal injury cases. However, section 82.008(d) makes exceptions for certain manufacturing flaws o defects from the rebuttable presumption. If the seller has properly demonstrated the presumption, then it is up to the Texas personal injury…
Continue reading ›In a Texas pharmaceutical injury or medical device lawsuit, where the lawsuit centers on a failure to warn, TX Civil Practice and Remedies Code (CPRC) creates a presumption of no liability if the warnings associated with the product were not approved by the Food and Drug Administration (FDA) . There are several ways a Texas…
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