Legal Malpractice Lawyers

The most common claims for medical malpractice claims arising from legal malpractice suit can not file the case before the statute of limitations expires, failing to report timely file expert, and failing have an adequate expert report.

1.Statute prescription
The statute of limitations in a medical malpractice case is usually two years from the date of the negligent act and the trial shall be filed and served the defendants before the expiration of two years.

The statute of limitations in a legal malpractice case based on a claim for medical malpractice does not begin until two years from the date of legal injury or until the lawyer- customer and / or duties as a lawyer in a client ended.

2. Expert Report Deadline
Texas Civil Practice & Remedies Code Ās 74351 (a) requires a health care liability claimant to file within 120 days after the deposit function, one or more expert reports detailing each defendant standard of care, how defendant breached the standard of care and how it makes the plaintiff damages.

3. Requirements for expert reports
To be adequate, the medical report should be an "objective good faith effort" to comply with the definition of an expert report under Texas Civil Practice & Remedies Code Chapter 74. The objective standard good faith requires an expert report to provide an adequate analysis of each element of the statutory definition of an expert report:

(A standard) Suitable care;
(B) how the care provided by the physician or health care provider does not meet the standards and;
(C) The causal relationship between defect and damage, injury or damages claimed.
In addition, the Texas Supreme Court ruled that to constitute a "good faith effort", the report should at least inform the defendant of the specific conduct called into question and provides a basis for the Court of First Instance to conclude the claims have merit.
If the applicant does not meet the reporting requirements of the expert and the delay, the court shall dismiss the application. The applicant then has a malpractice claim against legal counsel for failure to meet the deadline the report and / or requirements.