If I file a complaint with the Texas Medical Board, can I still pursue a malpractice lawsuit?

When the actions of a physician or other healthcare professional fall below the standards of the field, filing a complaint with the Texas Medical Board can help start an investigation so that the authorities responsible for licensing doctors in our state are aware of the issue. This can be a positive move, and it can help protect yourself and others against future bad behavior by health care providers. However, is a complaint to the state medical board really enough? What do victims need to do to secure their legal right to compensation after a board complaint of medical malpractice?

Starting a Medical Malpractice Lawsuit in Texas

While filing a complaint with the Texas Medical Board may be the right thing to do, it’s wise to consult with an attorney before you do anything. Anyone can file a complaint and the authorities may choose to investigate the claim. Filing a complaint starts a documentation process with the Board, alerts them that there may be an issue with a certain doctor ’s practice or behavior, and ultimately may either temporarily or permanently interrupt that physician’s ability to practice.

But when the level of care falls so far below the accepted norms of the medical field that someone has been hurt as a result, victims should be aware that a board complaint may only prevent others from suffering the same fate after a lengthy investigation—and it does not offer any restitution for injuries that the physician caused. To receive compensation for medical malpractice injuries, patients need to begin a medical malpractice lawsuit.

The legal process of starting a medical malpractice claim is separate from filing a complaint with the Texas Medical Board. Both a complaint and a medical malpractice lawsuit can exist at the same time. Your medical malpractice attorney can help you with the complaint process as you begin your lawsuit. Your attorney should understand the process of filing the complaint and be able to get you through the process quickly. Your attorney can also begin investigating your malpractice claim and building the evidence you need to make your case in court, so that you can receive the compensation that you are owed.

The malpractice lawsuit can help you recover from losses you suffered as a result of the incident. Talk with your attorney about the types of damages that are appropriate in a case like yours, as every case is unique. Some of the typical costs related to a medical malpractice injury can include:

• Emergency medical care
• Repeat or revision surgeries
• All follow-up care
• The costs of wheelchairs, prosthetic limbs, or other mobility devices
• Physical therapy or rehabilitation to regain lost physical abilities or skills
• Medications and medical supplies
• Mental health care for issues related to the injury

You may also be eligible to receive compensation for the pain and suffering that you endured, and other non-economic losses, though the state of Texas does impose limits on these types of damages.

In rare cases, you may also be able to recover punitive damages, as well. Be sure to discuss this with your attorney, as punitive damages can be a challenging process and requires special attention. Texas law also limits punitive damages in medical malpractice cases.

Get Legal Help Today

Whether you have already filed or would like to file your complaint and want to get started with the medical malpractice process, contact an attorney to get help right away. Medical malpractice cases are often long and complex affairs that require legal experience to succeed, and there is only a two-year statute of limitations in the state of Texas to seek the compensation that you may be owed for your malpractice injury.

The attorneys at Wayne Wright LLP understand the challenges of a medical malpractice case like yours, and we are here to help you and your family begin the recovery process today. To arrange a free, no-obligation consultation with one of our experienced legal professionals, call us by phone today, use our online contact form to send us an email, or simply click the live chat box on this page right now.