Can You Sue a Hospital for Medical Malpractice in Texas?

injury case examples

When you have been given the wrong treatment for a condition or illness, chances are you have a real malpractice claim on your hands. The medical malpractice law system varies from state to state, but most states allow for such claims in the case of misdiagnosis or wrong prescriptions.

If you live in Texas or plan to file such claim there, you should first be informed on the basics of the malpractice law in the state. The state laws are different from those of many other states, and being familiarized with the damages, procedures and requirements is key to a successful legal action.

Texas Malpractice Laws

As you probably know already, medical malpractices happen when a healthcare entity or professional harms his or her patient by providing wrong diagnosis or treatment. However, not everything fits the requirements necessary to make a medical malpractice claim. In Texas, for such harm to form basis for a claim, the action must be seen as negligence.

What is Medical Negligence?

Medical negligence happens when a healthcare provider or entity violates or breaches their standard of care. Also known as the duty of care to a patient, the standard of care can vary based on the health condition or the age of the patient. In addition, the state the treatment is used in is also a factor in the standard of care.

This, of course, means that treating an illness or condition in Texas might have a completely different duty of care from treatment in other states. However, in most cases, the duty of care is determined on the basis of certain generally-accepted approaches and methods, as well as the standard of treating patients who suffer from similar conditions.

Texas Statute of Limitations for Medical Malpractice Claims and Lawsuits

The unique and rather specific statute of limitations for medical malpractice in Texas includes a time limit. This time limit applies to the period within which an injured patient may file a medical malpractice claim in court. In Texas, you cannot bring such case to court if the negligence happened over two years ago. The clock starts running on the exact date when the injury occurred or was discovered. Of course, this date does not necessarily have to be the same as the day when the actual negligence happened.

In cases where medial error occurs as one part of a continuous treatment or during the course of treatment, the clock starts running starting from the last day of treatment. Of course, you can still file claims before the treatment ends, if the injury is discovered earlier.

Due to the specific, strict limits for a timeframe within which you can file a medical malpractice claim in court, it is essential to start the lawsuit as soon as you discover the negligence. In the case that something like this happens to you, it is recommended to consult with a Texas attorney who specializes in medical malpractice claims, and sue the medical provider before the deadline is finished.

Medical Malpractice Damages in the State of Texas

When you win at court and the lawsuit goes in our favor, you are automatically entitled to get damages. The damages are financial awards that serve to compensate the victim for the injuries that resulted from negligence on behalf of the medical provider.

There are various damages and amounts one can get when they win a medical malpractice suit:

  • Economic damages range from full reimbursement of the medical bills to a reimbursement for the wages you have lost because you missed work days.
  • Non-economic damages reimburse the patient for their suffering and pain, as well as the negative effects of the misdiagnosis or wrong treatment.
  • Punitive damages punish the healthcare professional who committed negligence and malpractice because of maliciousness.

The Texas medical malpractice law has put caps that limit the damages a patient can get if they win the case.

The cap for the amount the defendant can pay the plaintiff, for all healthcare providers and hospitals, is $250,000. In total, the non-economic damages cap can reach up to $500,000, in the case that you sue both the doctor or healthcare provider and the hospital.

So, the most you can get if you file a suit against a doctor is $250,000. If you sue a hospital for negligence, you can get the same amount.

There are many states that place such caps on damages in medical malpractice suit, but in this case, the cap applies to non-economic damages and no other type of damages. This includes compensation for:

  • Pain and suffering
  • Anxiety, depression or stress
  • Loss of happiness of enjoyment of life
  • Other subjective losses that result from the malpractice of the defendant

Economic damages are not capped in the state of Texas

Notice Requirements for Medical Malpractice Suits in Texas

Before you can file a lawsuit in the civil court system in this state, Texas requires that you provide a written notice of this claim and send it to each of the healthcare providers you are planning to name in the lawsuit. The timeframe for this is 60 days before you file the actual case to the court. The notice should be sent via certified e-mail, and the content must contain a request for a return receipt.

This is not all. When an injured patient in Texas wants to file a medical malpractice lawsuit, her or his attorney must serve a report from an expert within 120 days after the filling of the lawsuit. This report should contain information on:

  • The opinions of an expert regarding the negligence and standard of care
  • The causal relationship between the harm that is inflicted on the patient and the failure of the healthcare provider

The court is allowed to dismiss a case for which there is no expert report filed within 120 days since the commencement of the lawsuit.

If you do decide to file such claim, note that lawsuits like this can be very complex. To be able to prove malpractice, you need to rely on legal and medical expertise that proves such negligence. In some cases, the court may require an expert witness, and the process can take months or years to resolve.

Don’t Wait To Get the Help You Deserve.

Call Our Experienced Texas Medical Malpractice Law Firm Today!

Call Now

OUR INJURY LAW FIRM

Areas Of Practice
Our attorneys have extensive experience examining, preparing, and presenting complicated medical evidence for all types of healthcare related injuries. We have helped clients all across Texas recover compensation for mistakes made by physicians, hospital staff, nurses, medical facilities, and pharmacists.

pharmaceutical injury texas

Prescription Drug Injury

Prescription medications are not as safe as pharmaceutical companies would have us believe. If you suffer severe side effects after taking a prescribed drug, you...

nurse mistake attorney

Nursing Malpractice

Nurses are under intense pressure in medical facilities, often resulting in nursing errors which cause harm to patients. Our lawyers are skilled in handling mistakes...

hospital mistake lawsuit

Hospital Malpractice

A hospital stay shouldn't result in additional injuries or illnesses to patients. Those harmed at a medical facility by negligence or a lack of duty...

surgical mistake lawyer

Surgical Errors

Surgical mistakes can cause serious injuries & possible life-long issues. If you underwent surgery and suffered an unnecessary side effect, injury, or repeat surgery due...

birth related injuries

Birth Injuries

Birth injuries resulting from medical malpractice are among the most devastating injuries a family can suffer. Call now if you have reason to believe your...

nursing home injury lawyer

Nursing Home Abuse

Nursing home staff are expected to provide their residents a high quality care. If you think that your loved one has sustained a trauma due...

texas failure to diagnose lawsuit

Failure to Diagnose

Missing a diagnosis is a severe and not unusual mistake. If you have suffered as a result of a medical professional failing to discover your...

medical negligence lawyer

Medical Negligence

When a medical professional makes an error, the damages can be severe and lifelong. If you think that you have suffered an injury as a...

personal injury attorney texas

Personal Injury

If you have suffered harm due to negligent actions of others, you may be entitled to compensation. Our law firm represents victims throughout Texas who've...

SPEAK WITH AN EXPERT

HAVE QUESTIONS? NOT SURE IF YOU HAVE A CASE? WE'RE HERE TO HELP.

Don’t Wait! Contact Us Today to Get the Help You Deserve From One of the Best Medical Malpractice Law Firms in Texas.

We represent clients from all across Texas. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation. Our personal injury attorneys will review the details of your case, make sure you understand your legal rights, and discuss the possibilities of a lawsuit. Call us at the number below or complete the form and a member of our staff will contact you as soon as possible. All consultations are strictly confidential.

NO WIN. NO FEE!

877-269-4620
100% FREE CASE EVALUATION

CLIENT TESTIMONIALS

Average Rating 5 out of 5 stars
 based on 53 reviews

Fantastic law firm! Getting our negligence case settled took longer than originally expected but in the end the results were well worth it. Mr. Hastings and his office were always professional, polite, and thorough in explaining my case to me. Bug thanks to him and his staff for helping me through this ordeal.

Gus Morton
Google

We couldn’t have made a better choice by hiring the Hastings Law Firm to represent us. The staff was always professional but they showed real concern for our case and made it personal. If you need a great law firm, I would happily recommend them.

Ernie Wolford
Google

Tommy is a great guy, genuinely concerned about his clients. This is evident in not only how he runs his firm but the fact that he chose to focus on medmal, something other attorneys have abandoned. If you’re looking for someone that will fight for you tooth and nail, he’s your man.

Roberius
Google

Tommy Hastings and his staff provided a much needed voice for us during our crisis. His attention to detail went beyond the scope of simply practicing law. He is honest, informative, pragmatic and communicated well with us from start to finish. In a sea full of competing attorneys, Tommy has cast a reputation for himself as the very best. I highly recommend his services.

Kellie Rhodes
Google

Tommy Hastings went above and beyond during my crisis. He genuinely cares about his clients and delivered a straight-forward, honest method to resolve my issue as quick as possible. If you want the best of the best then look no further. You’ve found him.

Kendall Webb
Google

I was represented better than I could have ever imagined. My needs were put first and was treated as a friend rather than a number. My opinions were valued, my nerves were calmed and the process was always explained. Tommy Hastings and his staff go above and beyond! I couldn’t have asked for a better law firm or attorney!

Joy Love
Google

I can’t say enough great things about this law firm. The staff was friendly and courteous every step of the way. They kept me informed and explained all of my options. Tommy was amazing to work with and I couldn’t be more satisfied with my outcome. If I could give him 10 stars, I would. If you don’t go with Hastings, you are doing yourself a disservice. Highly recommend.

Misty Peterson
Google

I would highly recommend Tommy and his law firm. He represented us in a case where a simple surgery left my mother permanently disabled. His staff was very professional and diligent and kept me well informed throughout the case. In the end we are happy with the settlement she received and feel lucky to have had Tommy as our attorney.

Earica Robert
Google

My brother had an unnecessary surgery which left him with severe neurological issues. We called several attorneys but chose Hastings because of their focus on cases like this. While the case is still pending, we’ve already received a settlement offer that was very close to what we were looking for. Many thanks go out to Tommy and his great team!

Devin Schumacher
Google

We’re blessed to have found the Hastings law firm. Tommy and Greg were outstanding! Both attorneys were very responsive, professional, and helpful with any questions we had about our case. Their entire staff went above and beyond to keep us updated and most of all, calm. My family feels as though we have been made (mostly) whole again. Thank you both for your hard work.

Amy Word
Google

A HISTORY OF

SUCCESS

Tommy Hastings and his team of personal injury attorneys have successfully tried and settled thousands of medical negligence lawsuits across Texas, resulting in the recovery of millions of dollars in compensation for their clients. These results have earned them the reputation of being one of the best medical malpractice plaintiff firms in Texas.