Texas Medical Malpractice Lawyer

Medical malpractice happens when a doctor, nurse, hospital, or other healthcare provider causes an injury by failing to give the level of care a competent professional would have given in the same situation. Not every bad outcome is malpractice. To have a case, the provider's error must have fallen below the accepted standard of care and caused real harm. Surgical errors, misdiagnosis, medication mistakes, and birth injuries are common examples.

A medical malpractice case has four elements: the provider owed you a duty of care, breached the accepted standard of care, that breach caused your injury, and you suffered damages as a result. The hardest part is usually proving that the provider departed from the standard of care and that the error, and not the underlying illness, caused the harm. That is why we review your medical records with a medical expert before filing. The consultation to evaluate your situation is free.

You generally have two years from the date of the negligent act or from the end of the related treatment, under Section 74.251 of the Texas Civil Practice and Remedies Code. Texas also has a ten-year outer limit, called the statute of repose, that applies even when the harm is discovered later. Cases involving minors follow different rules. Because these deadlines are strict and have exceptions, it is best to speak with a lawyer as soon as possible.

Yes. Texas law requires you to serve a medical expert report within 120 days after the defendant answers the lawsuit, under Chapter 74. That report must explain how the provider breached the standard of care and how that breach caused the injury. If this requirement is not met, the court can dismiss the case. We work with medical experts to prepare that report from the start.

You can recover economic damages, such as medical bills, future care costs, and lost wages, and non-economic damages, such as physical pain and mental anguish. Texas caps non-economic damages at $250,000 against doctors and healthcare practitioners, with a separate cap for hospitals and other institutions. Economic damages are not subject to that cap. A lawyer can calculate the true value of your case based on your injuries and your losses.

At Medina & Medina we work on a contingency fee. You pay nothing up front, and we charge no fee unless we win your case. We advance the costs of the case, including the medical expert fees. The consultation is free and we speak Spanish. Call us at (512) 500-2810.