Legal Malpractice Lawyer for Medical Lawsuit Claim
The most common legal malpractice claims arising from medical malpractice lawsuit claims are failing to file the lawsuit before the statute of limitations expires, failing to timely file expert report, and failing to have an adequate expert report.
1.Statute of Limitations
The statute of limitations in a medical malpractice case is generally two years from the date of the negligent act, and the lawsuit must be filed and defendants served before the expiration of those two years.
The statute of limitations in a legal malpractice case based on a medical malpractice claim does not begin to run until two years from the time of the legal injury or until the attorney-client relationship and/or attorney's duties to a client have terminated.
2. Expert Report Deadline
Texas Civil Practice & Remedies Code §74.351(a) requires a healthcare liability claimant to produce, within 120 days after filing suit, one or more expert reports detailing each Defendant's standard of care, how the Defendant breached the standard of care and how it caused the claimant's damages.
3. Expert Report Requirements
In order to be adequate, the medical expert report must represent an "objective good faith effort" to comply with the definition of an expert report under Texas Civil Practice & Remedies Code Chapter 74. The objective good faith standard requires an expert report to provide an adequate analysis of each of the statutory elements of the definition of an expert report:
(a)Applicable standard of care;
(b)The manner in which the care rendered by the physician or healthcare provider failed to meet the standards and;
(c)The causal relationship between that failure and the injury, harm or damages claimed.
Further, the Texas Supreme Court has held that to constitute a "good faith effort", the report must at minimum inform the Defendant of the specific conduct called into question and provides a basis for the trial Court to conclude the claims have merit.
In the event that the claimant fails to meet the expert report requirements and deadline, the trial court must dismiss the claim. The claimant then has a legal malpractice claim against the attorney for the failure to meet the report deadline and/or requirements.
Marklong is professional legal malpractice lawyers specialized in legal malpractice, construction accidents claims, personal injury claims, wrongful death & products liability claims. contact http://www.marklong.com for legal advice.
Article from articlesbase.com
The Hedz-Up Report covers the press conference announcing the lawsuit at the foot of NYC's Supreme Court. -- From the press release: The Coalition for a New Village Hospital will take court action to force the New York State Health Department to release documents that led up to the closing of St. Vincent's Hospital in Greenwich Village. According to a report on page 2 of The New York Post today Sun. August 15th, ('Doctored Books" by Brad Hamilton), St. Vincent's Hospital was looted by execs and consultants in the two years before it closed, then grossly exaggerated its debt." The article offered evidence that the closure of St. Vincent's Hospital may have been unnecessary despite the medical center's financial woes. According to the newspaper report, revenue and asset holdings were sufficient to save the hospital. -- More to come, stay tuned. In the meantime, to check out more footage from the excerpt, visit our video blog, "Why Are They Closing St. Vincent's Hospital?". You'll also find our collected reports and future updates: watclosingstvincentshospital.blogspot.com/ Thanks for watching, help spread the word. Related article: "Doctored Books" by Brad Hamilton, NY Post: nypost.com/p/news/local/manhattan/doctored_books_Vz0s07aQjbaZW2pix1N85M
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