Baylor Scott & White Surgical Hospital Fort Worth Malpractice Lawyer

After harm during care at Baylor Scott & White Surgical Hospital Fort Worth in Fort Worth, Texas, Hastings Law Firm represents patients and families in hospital malpractice claims. Those claims can name the hospital, members of its staff, and each physician whose care contributed to the injury. When medical care goes wrong, a patient and their family can be left with a serious injury, a longer recovery, or the loss of a loved one. Finding out what happened and who should be held accountable takes attorneys who understand medicine as well as they understand the courtroom. At Hastings Law Firm, medical malpractice is all we do!

Leading Baylor Scott & White Surgical Hospital Fort Worth malpractice lawyer.

Trial-Ready Hospital Negligence Attorneys for Baylor Scott & White Surgical Hospital Fort Worth Patients and Families

Hastings Law Firm’s hospital negligence lawyers bring experienced representation to Baylor Scott & White Surgical Hospital Fort Worth patients and families in Fort Worth, Texas. The firm’s founder, Tommy Hastings, is Board Certified in Personal Injury Trial Law and has represented injured patients since 2001. Our attorneys also include former malpractice defense attorneys who know how the medical industry defends claims.

Knowing the defense from the inside changes how our lawyers prepare. We draw on a nationwide network of medical experts who can show what safe care called for and where it fell short. Each case is readied as if it were headed to trial, and that preparation has earned multimillion-dollar settlements and record-setting verdicts for injured patients and families. Those results come from a firm that has been dedicated exclusively to medical malpractice since 2005.

Contact us now for a free, confidential case review. Our team will listen to your story, investigate your claim, and explain your options.

An interior view of the best medical malpractice law firm in Texas
FREE CASE EVALUATION 877-269-4620 NO FEE UNLESS WE WIN (HABLAMOS ESPAÑOL)

The Types of Baylor Scott & White Surgical Hospital Lawsuits Our Hospital Malpractice Attorneys Handle

Hastings Law Firm represents patients in Fort Worth, Texas, in lawsuits against Baylor Scott & White Surgical Hospital Fort Worth over surgical, anesthesia, and post-operative care errors. Our hospital malpractice lawyers build each claim from the operative, anesthesia, and nursing records. We then show where care fell below the accepted standard and what the injury has cost the patient.

The cases we see most often at a specialty surgical hospital like Baylor Scott & White Surgical Hospital include:

  • Surgical errors. A nerve, blood vessel, organ, or the spinal cord can be damaged during general, orthopedic, spine, bariatric, gynecological, urological, or ENT surgery, including robotic procedures. Operating on the wrong site, performing the wrong procedure, or leaving an instrument behind can mean another operation and additional recovery time. Our Fort Worth surgical error lawyers compare the operative report with the surgical counts and the imaging that followed.
  • Anesthesia and monitoring errors. A dosing mistake, trouble with the breathing tube or airway, or a patient’s oxygen level and blood pressure going unwatched during or just after surgery can lead to a brain injury or other permanent harm. Our Fort Worth anesthesia error attorneys set the vital signs charted in the anesthesia record beside the drugs given and the recovery room notes.
  • Post-operative care failures, including infection. A leak, bleeding, a blood clot, or an infection after surgery can be recognized or treated too late, or a patient can be sent home before a warning sign was addressed. A delay at that stage can bring readmission, more surgery, or the loss of a loved one. Our Fort Worth postoperative care attorneys trace the nursing notes, lab results, and discharge instructions to pinpoint when the first warning sign appeared.

While these are common claim types, our hospital malpractice attorneys handle any valid medical negligence case that arises at this hospital.

The Hastings Law Firm Difference

Results matter, but what truly sets us apart is how we achieve them. Every verdict, every settlement, and every Fort Worth courtroom victory comes from one guiding promise: To treat each client’s fight for justice as if it were our own.

  • Founded in 2005 with an exclusive focus on healthcare litigation.
  • A team of personal injury attorneys, medical professionals, intake specialists, and board certified patient advocates that understands this complex and specialized field of law.
  • Board-certified trial leadership under Tommy Hastings, ensuring every case is handled with deep knowledge, experience, and integrity.
  • A roster that includes former malpractice defense attorneys that know how the medical industry defends claims.
  • National network of medical experts who provide the specialized testimony needed to prove complex claims.
  • Record setting multimillion-dollar verdicts and settlements that demonstrate meaningful outcomes.
  • Compassionate, client-centered representation ensuring each person is heard and supported.

This balance of skill, experience, and empathy reflects our core philosophy that justice should not only compensate the injured, but also make health care safer nationwide.

Personal injury trial attorney Tommy Hastings in a suit standing outside of a courtroom before a medical litigation case starts.

About Baylor Scott & White Surgical Hospital on Park Place Avenue in Fort Worth

Baylor Scott & White Surgical Hospital Fort Worth is a surgical hospital at 1800 Park Place Avenue in Fort Worth, Texas. The hospital has an inpatient unit, an intensive care unit, diagnostic imaging, and an emergency department open 24 hours a day, 7 days a week. Its listed surgical specialties include orthopedics and orthopedic spine, general, bariatric, gynecology, urology, and ENT surgery.

The hospital describes itself as “a joint venture with Tenet Healthcare and USPI” on its own website. The same page adds neurosurgery, pulmonary, oral, plastics, podiatry, and pain management to its specialties, and says its services are not limited to those it lists. It also names the robotic and navigation systems it uses, among them da Vinci, Mako, Stealth Navigation, TruDi Navigation, and Hydros Aquablation.

Some patients arrive through the emergency department and others for a scheduled operation. One course of surgical care can pass through several units, from the pre-operative assessment to intensive care, and each unit charts its own part.

Baylor Scott & White Surgical Hospital is separate from Baylor Scott & White All Saints Medical Center – Fort Worth, a Baylor Scott & White Health hospital in Fort Worth. Our Fort Worth medical malpractice lawyers also handle claims at Texas Health Harris Methodist Hospital Fort Worth, a Texas Health Resources hospital in the same city.

Which Baylor Scott & White Surgical Hospital Fort Worth units chart surgical care that a hospital malpractice attorney would review.

Can You File a Lawsuit Against Baylor Scott & White Surgical Hospital Fort Worth, the Doctor, or Both?

A patient can sue Baylor Scott & White Surgical Hospital Fort Worth, the doctor, or both, depending on who provided the harmful care and who employed that provider. Under Baptist Memorial Hospital System v. Sampson, a Texas hospital can be responsible for negligence by an employee acting within the scope of employment. A surgeon or anesthesia provider who is not a hospital employee answers for their own care.

Who employed or contracted each member of the surgical team is a question of fact, and the records and staffing arrangements answer it. A contractor physician’s negligence can be imputed to the hospital only on proof of all three elements of ostensible agency. Whether a lawsuit against Baylor Scott & White Surgical Hospital names the hospital, a surgeon, or both depends on those answers.

Sorting out those arrangements from the records is the first job of a lawyer to sue a hospital. A claim under Chapter 74 of the Texas Civil Practice and Remedies Code requires written notice to each provider at least 60 days before filing. It also requires a qualified expert’s report within 120 days after each defendant answers.

Surgery carries real risk, and a complication is not proof of negligence on its own. When harm was preventable, the providers responsible should be held accountable. Our Fort Worth hospital malpractice lawyers explain how responsibility is divided among a hospital, its staff, and the physicians who operate there.

Can a hospital negligence lawyer sue Baylor Scott & White Surgical Hospital Fort Worth for a contract surgeon's mistakes.

Who Must Explain the Risks Before an Operation at a Fort Worth Surgical Hospital Under Texas Law?

Under Texas law, the physician or health care provider must disclose the listed risks before a patient consents to an operation on the Texas Medical Disclosure Panel’s list. Section 74.104 of the Texas Civil Practice and Remedies Code sets that duty, and the rule applies only to procedures the panel has listed. Under Section 74.102, the panel itself decides which risks and hazards must be disclosed.

Informed consent means a patient hears what could go wrong with a procedure and then agrees to it. The statute gives the task of disclosure to the physician or health care provider, while the panel decides what that disclosure has to cover. For a listed procedure, Section 74.105 treats consent as effective if it is given in writing, signed as the statute requires, and states the specific risks.

Before an operation, the risk conversation usually takes place with the surgeon and with the anesthesia provider. The hospital’s guide to what to expect for surgery says a nurse conducts a pre-operative assessment and that the anesthesia provider will also speak with the patient. Those conversations, and the forms that follow them, become part of the chart.

The signed form records which risks were written down and who signed it. The operative and anesthesia records show what the surgical team did afterward, and a consent question is read against both.

Our attorneys collect the consent forms, the pre-operative assessment, and the operative and anesthesia records. We then compare what the patient was told with what the panel’s list requires for that procedure.

How We Work With Injured Baylor Scott & White Surgical Hospital Patients and Their Families

Hastings Law Firm’s hospital malpractice lawyers represent patients and families in Fort Worth, Texas, after injuries at Baylor Scott & White Surgical Hospital Fort Worth. We work with each family from the first call through settlement or trial. A spouse, parent, or other family member can make that call for a patient who cannot.

Your first call reaches a member of our intake team, and your account of what happened is where our review begins. Our team then requests the pre-operative assessment, consent forms, operative and anesthesia records, recovery room notes, imaging, and medication administration records. We also gather nursing notes, emergency department records where the care began there, admission and discharge dates, billing statements, and discharge papers. If our hospital negligence lawyers accept your case, we build it on that file and on medical experts who can explain it.

From then on, our lawyers handle every exchange with the hospital and the companies and attorneys defending it. Our board-certified patient advocates keep in contact as the case moves and put each new development into plain terms. We press for a settlement that reflects what the injury has cost your family, and when an offer falls short, we are prepared to take your case to a jury.

If You or a Loved One Were Injured at Baylor Scott & White Surgical Hospital, Speak With Our Medical Attorneys Today

Hastings Law Firm handles hospital malpractice claims for patients injured at Baylor Scott & White Surgical Hospital Fort Worth and for their families across Fort Worth, Texas. Our attorneys examine the surgical and recovery care and identify who may be responsible for the harm.

Our team is here for you. We perform a free case review to find out whether you have a valid claim, and everything you share with us stays confidential. You pay no fee unless we win. Contact us to understand your options.

Baylor Scott & White Surgical Hospital Fort Worth Malpractice FAQs

A stricter Texas standard covers some emergency department care at Baylor Scott & White Surgical Hospital Fort Worth, not every claim. Under Section 74.153 of the Texas Civil Practice and Remedies Code, a patient must prove willful and wanton negligence for emergency medical care in a hospital emergency department. The same standard reaches an obstetrical unit, or a surgical suite immediately following emergency evaluation or treatment.

Willful and wanton negligence is a higher bar than the ordinary negligence standard. It does not apply once the patient is stabilized and receiving nonemergency care, or to care unrelated to the emergency. Our Texas hospital malpractice lawyers can explain where that line falls.

The expert report in a Fort Worth surgical malpractice lawsuit is generally due no later than the 120th day after each defendant files its original answer. Section 74.351 of the Texas Civil Practice and Remedies Code requires a qualified expert’s report by that date. Without it, a defendant can ask the court to dismiss the claim with prejudice, meaning the claim cannot be filed again.

Because that window is short, we line up qualified experts to review the surgical records before a case is filed. Our Texas surgical malpractice attorneys explain how these claims are prepared.

A patient hurt by surgical negligence in Fort Worth, Texas, can recover economic losses, such as medical care and lost income, and noneconomic damages, such as pain and impairment. Section 74.301 of the Texas Civil Practice and Remedies Code places no limit on those economic losses. It caps noneconomic damages per claimant, with separate limits for physicians and for health care institutions.

When a patient dies, Texas law provides separate wrongful death and survival claims, each with its own rules on who may bring it. Our Texas wrongful death guide covers those claims, and our Texas medical malpractice damage caps guide explains how each limit is applied.

An adult patient generally has two years to file after an operation at a Fort Worth hospital under Section 74.251 of the Texas Civil Practice and Remedies Code. The two years run from the negligent act or from the date the treatment or hospitalization the claim concerns was completed. A separate ten-year repose period also applies.

Written notice to each provider at least 60 days before filing tolls the deadline for 75 days when the notice is given as the statute requires. Our Texas medical malpractice statute of limitations guide explains the exceptions.

After a serious injury following surgery in Fort Worth, a patient or family should first request the complete medical records. The request should cover the operative and anesthesia records, consent forms, and recovery and discharge papers. The patient or family should also note the surgery and discharge dates and keep itemized bills and a written account with dates, times, and staff names.

Do not sign anything from an insurance company before speaking with a lawyer. Calling early leaves more time to gather records, and a free case review with a hospital malpractice lawyer costs nothing.

Patient advocates, in-house medical staff, and client support team at Hastings Law Firm Medical Malpractice Lawyers

Hastings Law Firm
WRITTEN BY Hastings Law Firm

This content was researched and written by the Hastings Law Firm editorial team, which includes attorneys, medical professionals, and experienced researchers. Our writing is informed by internal knowledge and practical experience, and we cross-check critical details against authoritative sources cited throughout. Every piece undergoes human-led fact-checking and legal review. Because legal and medical information can change, if you spot an error, please contact us. Learn more about our content standards and review process on our editorial policy page.

Legally Reviewed BY Brady D. Williams Senior Trial Attorney

Brady D. Williams is a nationally recognized medical malpractice attorney who has spent his career handling high-stakes litigation for injured patients and families across the country. Licensed in both Texas and California, Brady draws on experience from hundreds of resolved medical cases to break down complex legal and medical topics for the people who need that information most. His writing reflects the same attention to detail and commitment to clarity that he brings to every case he handles.