How to Sue a Doctor in Texas for Malpractice

Have you or your loved one suffered harm at the hands of a negligent doctor in Texas? Have you been left to worry about medical bills and how you will support your family while injured? When a healthcare provider has breached trust with a negligent act that caused injury or death, those accounts may be subject to a medical malpractice claim. If you believe that you or a loved one have been the victim of negligence due to a surgical mistake, incorrect diagnosis, or healthcare negligence you need an experienced Texas medical malpractice attorney on your side. 

Examples of Doctor Negligence that is Considered Malpractice in Texas

Doctor negligence claims are some of the most challenging cases to pursue, and not every case of negligence will qualify as malpractice. To have a valid medical malpractice case in Texas, the plaintiff must prove the physician was negligent and breached the standard of care through an act, or omission that caused injury to the patient. 


The Four Elements Needed to Establish a Doctor Malpractice Lawsuit in Texas are:

  1. There must be an established relationship between the doctor and the patient
  2. A deviation from the standard of care
  3. The doctor’s action or inaction resulted in damages to the patient
  4. The injured patient must prove that the physician’s negligence was the direct cause of any damages they suffered

What to Do if You Think Your Doctor Was Negligent

If you suspect your doctor was negligent, you should take immediate action due to Texas’s strict statute of limitations and filing deadlines for initiating a doctor malpractice lawsuit.

  1. Contact an attorney so they can begin the review of your medical records to see if you have a claim
  2. Collect and document all related information; keep a detailed journal of your injuries and pain, and make a list of witnesses
  3. Seek medical care if your injury has not healed or caused you pain. Get a 2nd opinion to verify and document all related issues

Statute of Limitations on Doctor Malpractice in Texas

Texas has a “statute of limitations” for doctor malpractice, putting a two-year limit on an injured patient’s right to file a medical malpractice case in court. The two-year statute of limitations begins when the negligent act occurs or when you realize it.

If you were on a continual course of treatment, you would have two years from when the treatments end to file a lawsuit. In Texas, a lawsuit can only proceed if you are within the statute of limitations and the case meets the criteria for malpractice.

Filing a Lawsuit Against a Doctor Without Malpractice Insurance

If a healthcare provider does not have malpractice insurance and acts outside the standard of care, they can have a lawsuit brought against them. These cases can be challenging to pursue because winning a judgment does not guarantee that the plaintiff will recover any damages. An experienced medical malpractice attorney can address these obstacles and review if any other parties involved are liable for the negligent care. 

Getting Compensation For Doctor Negligence Without Filing A Lawsuit

You can sue for compensation in Texas if a medically negligent act resulted in the injury or death of you or a loved one. But obtaining that compensation without filing a lawsuit is complex and rarely done because Texas has specific requirements to begin negotiating a medical malpractice settlement. When you notify the negligent healthcare provider, they will contact their insurance provider, who will almost certainly force you to file a malpractice suit in court.  

Damages You Can Win in a Texas Doctor Malpractice Lawsuit

As a part of the 2003 Texas Medical Malpractice Act and Tort reform, Texas passed laws similar to other states that restrict the amount of compensation (damages) that victims can obtain for non-economic (pain and suffering) damages.  

Limits on Non-Economic or Pain and Suffering Damages  

  • Max non-economic damages in medical malpractice cases against a health care provider of $250,000 
  • Max non-economic damages for medical malpractice cases against a single health care institution of $250,000
  • Non-economic damages for each claimant have a max of $500,000 for claims against multiple health care institutions.

Texas has not placed a cap on economic damages, including medical bills associated with injury and lost time at work.

 Limits on Punitive Damages (Awarded to Punish Negligent Party)

  •  2X’s the economic damages plus the non-economic damages (pain and suffering) awarded by the jury up to $750,000; OR $200,000

Punitive damages can be awarded but are rare in medical malpractice cases and only awarded when the negligent act is particularly egregious, such as covering up errors or destroying medical records, so a jury may feel a punitive punishment is necessary.

Why You Need a Law Firm Specializing in Physician Malpractice Litigation

Between extensive discovery, hiring expert witnesses, and spending countless hours on the case, medical malpractice cases are often very complex. The complexity of Texas medical malpractice laws illustrates why it’s vital for possible victims of medical negligence to seek help from a top-rated medical malpractice lawyer. Contact an attorney now before the statute of limitations has passed on your injury.

Comments 16

  1. Jen I. says:

    Our daughter was born June 2nd and diagnosed the day of discharge due to failing a car seat challenge with HLHS. So far drs have been shocked that this was not caught in utero as she is listed for heart transplant due to the complexity. We had to specifically go back at 22 weeks to look at the heart and were told everything looked great. We have now been 4 hrs from home staying in airbnbs while our daughter is in patient hoping for a heart.

  2. Patricia Davis says:

    I was wanting to know if I have a case against a doctor that prescribed me a medication and he did not tell me the side affects of this medicine. He prescribed me Ozempic for my diabetes. I did not know the side affects of this medication and the damage that it cause. I took this medication once a week and after taking it I started having symptoms of not eating; gagging; vomiting and possibly weight loss. I was sick for about 3 weeks after starting this insulin pen. I was not able to fulfill my job duties at work due to the fact that I was sick. On the 12th of July I had to leave my job because I got very sick. I went to the ER and was admitted in the hospital for 4 days. The doctors could not find the source of my illness until I told them about the new medication that this doctor had given to me. They finally pinned it down to the Ozempic causing my illness. Now I have a $22,000 hospital that I cannot afford to pay because of this medication. This medication cause my liver enzymes to elevate and some liver damage. I would like feedback if I have a case against this doctor who prescribed me that medication without letting me know side affects that it could or would have caused.

  3. Jerry Scott says:

    Do I have a case? In 2015 the doctors diagnosed made for stage 4 sequence cell cancer on the back of my tongue. After having the shingles the month before that caused my lymph nodes to swell.
    What’s in four and a half months I was hooked up to a chemotherapy machine and doing extensive radiation treatment. Due to the fact of misdiagnosis for cancer caused me other health conditions. I have my medical records to show where the doctors made mistakes. And I’m still dealing with these mistakes with my health that the doctors did the cause and effect….

  4. Ara says:

    If my medical records showed my doctor being wrong about a medical diagnosis and he wrote a different reason for admission to the hospital for my surgery. Do you think I have a case here in Texas? I am a lot of trauma from my medical procedure because he never offered me other options like other gynecologist will have before performing a total hysterectomy. He never performed a biopsy, did not check my ferritin levels. I have nightmares with him as my life as change for me because now all my organs can fall out due to a unnecessary surgery. I can have heart problems, kidney problems, bone loss, and mental illness keeps getting worse.

  5. Nora long says:

    I have all my documentations. Emergency room did not do an xray or do accessments when I fell and fractured my thumb and ankle. I fell 6 or 7 ft in a ditch. Fell and hit my head and landed on my face and left side. Kept complaining about my neck and was not able to turn my head right. 8 months fighting with workers comp to approve an mri on my neck. My insurance okayed it and paid for it so I can get an mri. Results showed I have a fractured compressed c7. Explained why I’m having issues with my left shoulder, arm, numb and tingling in fingers. I’m left hand and I forced to use my right hand to wipe my behind. Emergency room did not do xray or mri especially due to tramadic injuries that fractured bones. I’m still fighting with bad days and in so much pain. Sometimes I have pains shooting down my legs and in bed.

  6. Jesus Marquez says:

    I’ve a have a question about doctors not following up on patience liver transplant . I had a transplant on October 2020 and all was good till October 2021. After that there was no appointments or follow ups on lab or CT scans results. For almost 2 years I had a bad albnomal pain . I had a nurse that was assigned to me from the transplant hospital for questions or problems I will have . And I will tell the nurse about my albonomal pain and nothing was done . Once in march 2022 I had to go to ER cause I was in such albnomal pain . But my lab work was coming back normal . so I was sent home . So I decided to see another hepatologist doctor . And when he saw my medical records he ask me why do they still have you on cellcept medication . I thought that I was gonna be on that medication The rest of my life ?? He said No . So He did a endoscopy and lab work and came back good . And he lower the cellcept from 500mg to 250mg .And since then I have no longer in albnomal pain . And in June he’s going to remove the cellcept from my drug treatment . And all that time I was in pain the doctors at the transplant had to do is lower my medication . After almost 2 years of pain.

    • Attorney Tommy Hastings Tommy Hastings says:

      Unfortunately, Texas is a very tough State in which to pursue medical malpractice claims. Not only are these cases made difficult by laws which protect the medical industry, they are also very expensive to litigate. If there are no serious injuries that have caused financial damages, or have impacted your way of life, then it’s not likely that you will have a claim under Texas laws. If, for instance, your pain was so great that it impacted your ability to work , then there may be a possibility of a claim. Keep in mind that the statute of limitations on medical malpractice in Texas is two years.

  7. Eusebio says:

    Need to talk to a lawyer about my doctor neglect for refilling my medication. When I got out of the hospital. It was LASIK. But the hospital gives it me for 30days only till I go see my primary doctor. But I went when my pills needed refilled but he didn’t give them to me. And I ended up in the hospital again with lots of fluids in my lungs and damage my heart so bad. But I either speak to someone so I can explain it better please I would appreciate very much if someone will get in contact with me as soon as possible I ‘m so depress. Thank you

  8. Roger Gomez says:

    ⁸My father in the care of Methodist Walter tower Houston passed away March 4 2023 , due to opiod “FENTANYL ” overdose a synthetic opiod 50 – 100 times stronget than heroin, compared to china white , even a tiny amount can cause breathing to stop , leading to the heart to stop. 1st “Fentanyl” was injected over and over accumulating in my fathers system we noticed him struggling to breath as the days went by 2nd My father entered the hospitol for galbladder infection known to cause low blood pressure , we made known to the doctors of the galbladder issue and they neglected to treat it, instead they started him on high blood pressurre and injected him with Fentanyl a dangerous drug known to stop the heart , precious time was wasted until finally one week latter they agreed to treat galbladder isue by inserting a gallbladder drain a non invasive 5 minute procedure ,yet was injected with Fentanyl before and immdeiatly after the 2nd injectectiin stopping the heart immediatly.

  9. Kenya Whitley says:

    Do I have a case? I had thyroidectomy Jan 31st. Somehow in the process my vocal chord was paralyzed. I suffer from choking on liquids and foods because of this now. I can no longer sing or yell. I’m a correctional officer and not having a voice can potentially put me and others in danger. I’ve missed a month of work and will continue to have appointments and copays to correct a mistake I did not make.

    • Attorney Tommy Hastings Tommy Hastings says:

      Hi Kenya. To determine if you have a case, our staff will need to review all your records, timeline of events, and possibly have medical experts review and provide an opinion. Please contact our office so that we can begin the process. If we believe that you have a reasonable claim under Texas law, we will help you understand your options and, if required, file a claim.

  10. Victoria Oneal says:

    I have been seeing Dr Howard a PPOA physician in Frisco. Last month he has left me hanging with no pain management for almost a month. I have called his office on several occasions and left numerous messages with no result or no return calls. I have attempted to reach out to PPOA and have been unable to get any responses or help through them either. Please help me. Do I have a case? I am sure I’m not the only one that has been suffering with this.

    • Attorney Tommy Hastings Tommy Hastings says:

      Hi Victoria. Please contact our firm directly so that we can get further details about your claim. In general, malpractice claims against doctors in Texas are very difficult and costly to litigate. This means your case needs to have a high amount of provable economic damages (loss of past, current, and future earning potential + past, current, and future medical costs) to be viable under Texas law.

  11. Hardy Matz Jerry Crumbley says:

    I’m 66 and also am on retirement Medicare Medicaid is covering the bills sorry about the misspells talk to text you know

  12. Hardy Matz Jerry Crumbley says:

    Sorry mesh surgeon sewed incorrect mesh to spinal nerve to r i g h t testicle great surgeon that did the repairs gave me that information I had suspected it from the first week from the first surgery I felt it rip right off the bat told them they ignored me found my own surgeon he repaired me please help if you can or let me know if you can’t have a great one my friend

    • Attorney Tommy Hastings Tommy Hastings says:

      Hi Hardy. If there is verifiable evidence of negligence, and it happened within the Texas statute of limitations, then you may have a claim. Please contact our offices directly so that we can get additional details about your situation.

Leave a Reply

Your email address will not be published. Required fields are marked *

Trending Articles

Find a Lawyer   /   Ask a Question   /   Articles   /   About    Contact  

© Copyright 2022 | Attorney at Law Magazine | Privacy Policy