Medical Malpractice in Texas: Understanding Your Rights as a Patient

When you seek medical care, you expect to be treated with professionalism and competence. Unfortunately, mistakes can happen, and when they do, the consequences can be devastating. Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. In Texas, strict laws govern these cases, making it essential to understand your rights and what steps to take if you suspect malpractice.

What Is Medical Malpractice?

Medical malpractice happens when a doctor, nurse, hospital, or other healthcare professional fails to meet the accepted standard of care, leading to patient injury. Common examples include:

Surgical errors (wrong-site surgery, leaving instruments inside a patient).

Medication errors (prescribing or administering the wrong drug/dosage).

Misdiagnosis or delayed diagnosis (missing a serious condition like cancer).

Birth injuries (harm caused to mother or child during labor/delivery).

Failure to treat (ignoring or inadequately addressing a medical condition).

Texas Laws on Medical Malpractice

Texas law has specific rules for filing medical malpractice claims:

1. Statute of Limitations – Patients generally have two years from the date of the malpractice (or discovery of the harm) to file a lawsuit. Missing this deadline can prevent you from seeking compensation.

2. Damage Caps – Texas limits the amount of non-economic damages (pain and suffering) you can recover. Currently, caps are set at:

$250,000 against a physician or

healthcare provider.

$250,000 against a hospital (up to

$500,000 total if multiple hospitals are

involved).

3. Expert Reports – Texas law requires an expert medical report within 120 days of filing the claim. Without it, your case may be dismissed.

Proving a Medical Malpractice Claim

To succeed in a Texas malpractice case, you must show:

Duty of care – The healthcare provider had a responsibility to treat you.

Breach of duty – They acted below the accepted standard of care.

Causation – Their negligence directly caused your injury.

Damages – You suffered losses (medical bills, lost wages, pain and suffering).

Proving a Medical Malpractice Claim

To succeed in a Texas malpractice case, you must show:

Duty of care – The healthcare provider had a responsibility to treat you.

Breach of duty – They acted below the accepted standard of care.

Causation – Their negligence directly caused your injury.

Damages – You suffered losses (medical bills, lost wages, pain and suffering).

What Compensation Can You Recover?

Victims of medical malpractice may be entitled to:

Medical expenses (current and future).

Lost wages and reduced earning capacity.

Pain and suffering (subject to Texas damage caps).

Wrongful death damages if malpractice leads to loss of life.

Steps to Take If You Suspect Medical Malpractice

1. Seek immediate medical care from another provider if necessary.

2. Collect records – request copies of your medical history, test results, and prescriptions.

3. Document your experience – write down timelines, symptoms, and names of providers.

4. Contact a Texas medical malpractice attorney – navigating these cases requires experience and knowledge of state law.

Why Legal Representation Matters

Medical malpractice cases in Texas are complex, time-sensitive, and heavily defended by insurance companies and hospitals. At the Law Office of Silverio Martinez, we fight for patients and families who have suffered due to negligence. With decades of experience, we are committed to holding healthcare providers accountable.

Call us today at (956) 724-5047 or contact us online to schedule a free consultation.