How to Sue a Doctor in Texas for Malpractice

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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. 

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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 second 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.

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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.

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 Limits on Punitive Damages (Awarded to Punish Negligent Party)

Punitive damages are capped at the greater between $200,000 or two times the economic damages plus up to $750,000 of non-economic damages (pain and suffering).

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.

Tommy Hastings

Tommy Hastings is the principal and founder of the Hastings Law Firm, Medical Malpractice Lawyers, and is a top-rated Texas personal injury attorney focusing on medical negligence cases. He proudly represents injury victims who have been harmed by medical mistakes, defective medical products, and dangerous pharmaceuticals.

Comments 8

  1. Brenda Summons says:

    I had a reconstruction surgery done on my right leg in August of 2023. The doctor didn’t connect the tendons and left the knees cap on the side of my leg. Now I have to have a new surgery to repair the damage done by him and will be unable to be up for another 6 months. Do I have a case that you can win?

  2. Brenda Summons says:

    I had a reconstruction surgery done on my right leg in August of 2023. The doctor didn’t connect the tendons and left the knees cap on the side of my leg. Now I have to have a new surgery to repair the damage done by him and will be unable to be up for another 6 months. Do I have a case that you can win?
    Brenda Summons

  3. Wondering in Texas says:

    I would like to sue Care Now, as they were my primary care DR with my injury from working at FedEx.  I feel that due to their negligence they failed to properly examine me and just relied on paperwork and due to them not thoroughly doing their own exam on my leg. It took Care Now over 6 months to realize I did NOT have the surgery that my discharge paper said I did, and due to that I have had 3 Specialist, that the workmans comp sent me to, rate me at different levels of having some permanent damage in my leg.  Do I have a case?

  4. 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….

  5. 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.

  6. 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.

  7. 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.

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