When seeking medical treatment, patients trust healthcare professionals to provide a high standard of care. Unfortunately, doctors, nurses, surgeons, and hospitals sometimes fail to meet this duty, leading to serious injuries, worsened medical conditions, or even wrongful death. If you or a loved one suffered harm due to medical negligence, you may have a valid legal claim. Medical malpractice cases can help victims hold healthcare providers accountable and recover compensation for medical expenses, lost wages, and emotional distress.
Not every medical mistake qualifies as malpractice. To file a claim, an injured patient must prove that:
● A healthcare provider deviated from the accepted standard of care
● A reasonable medical professional would not have made the same mistake
● The negligence directly caused the patient’s injury or worsened condition
Medical malpractice cases often require expert testimony from other healthcare professionals to establish how a doctor, nurse, or hospital failed to follow proper medical standards. Common Types of Medical Negligence Medical malpractice can occur in many forms, including:
● Misdiagnosis – Failing to recognize symptoms, diagnosing the wrong condition, or neglecting necessary tests.
● Failure to Treat – Releasing a patient too soon, ignoring symptoms, or not providing proper follow-up care.
● Surgical Errors – Performing the wrong procedure, leaving surgical instruments inside a patient, or operating on the wrong body part.
● Medication Mistakes – Prescribing the wrong dosage, failing to check for harmful drug interactions, or administering the incorrect medication.
● Failure to Warn – Not informing a patient about potential risks associated with a treatment or procedure.
Victims of medical negligence may be eligible for economic and non-economic damages, including:
● Medical expenses – Hospital bills, medications, rehabilitation, and future treatment costs
● Lost wages – Compensation for time away from work due to the injury
● Loss of future income – If the patient is unable to return to work due to their condition
● Pain and suffering – Emotional distress, physical pain, and loss of enjoyment of life Texas Damage Caps on Medical Malpractice Cases Texas law limits non-economic damages (such as pain and suffering) in medical malpractice
cases:
● $250,000 per defendant (doctor, hospital, etc.), with a maximum cap of $500,000 for multiple claimants.
● No cap on economic damages, meaning victims can recover all financial losses related to the malpractice.
Medical malpractice claims in Texas must be filed within two years from:
● The date the injury was discovered, or
● The last date of treatment, if the injury occurred over time.
Additionally, Texas has a statute of repose requiring all medical malpractice lawsuits to be filed
within 10 years of the incident, regardless of when the injury was discovered.
Other legal requirements include:
● A 60-day notice to each healthcare provider being sued before filing the lawsuit.
● An expert report submitted within 120 days of filing, explaining how the provider’s negligence caused the injury. Due to these strict deadlines and legal procedures, it is crucial to consult an attorney as soon as possible to ensure all necessary documentation is filed correctly and on time.
Medical malpractice cases are highly complex and often require:
● Extensive medical evidence and expert testimony
● Thorough investigations into the provider’s history and standard of care violations
● Negotiations with insurance companies that may try to minimize compensation
An experienced legal team can navigate these challenges, build a strong case, and fight for
the compensation victims deserve.
If you or a loved one suffered injuries due to medical negligence, you may have a right to hold the responsible healthcare provider accountable. Seeking legal guidance from a network of experienced medical malpractice attorneys can help ensure you receive fair compensation for your losses.
Consider consulting with a qualified attorney to discuss your options and protect your legal rights.
