Medical Malpractice Claims Under Texas Laws

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If you believe you may have a legal claim resulting from a medical injury or death, it is important to understand how the laws in Texas work with regards to medical malpractice cases. Texas is not only one of the hardest states to pursue medical negligence claims, they also have some of the lowest caps on damages. While we try to help everyone we can, the simple truth is that until Texas laws are changed, only a small percentage of people who contact us will have a viable case.

What Qualifies as Medical Malpractice in Texas?

Medical mistakes do happen but not all such accidents are considered malpractice. Despite an adverse outcome or even death, Texas law requires that anyone injured in a medical setting must be able to prove the following: That a doctor-patient relationship existed ; That a medical professional or hospital was “negligent” in the care they provided or that a sub-standard level of care was evident; That the patient suffered damages, also called “quantifiable harm”, as a result of the negligent medical care.

Can I Sue for Unsuccessful Treatment or Surgery?

Medical professionals are required to act quickly and competently without doing unnecessary harm to a patient, they are not required to be perfect. Unsuccessful results from a treatment or surgery alone are not grounds for a medical malpractice case; however, if poor results were due to negligence then malpractice may have occurred.

When is a Misdiagnosis is Not Necessarily Medical Malpractice?

It depends on the information available to your doctor at the time your diagnosis was made, and the steps he or she took (or didn’t take) in reaching a conclusion as to your condition. All of this must be weighed against the applicable medical standard of care, meaning the level of care that a similarly-trained health care professional would have provided. And if there was a misdiagnosis that fell below the applicable standard of care, you need to show that you ended up suffering some kind of harm as a result.

Top Reasons Why We Cannot Accept Cases

The following situations are the most common reasons why we are unable to accept a medical malpractice claim.

Texas Statute of Limitations Has, Or is About to Expire

Medical malpractice is considered a “personal injury” and is subject to a statute of limitations. Under Texas law a patient for medical malpractice must file their lawsuit within two years from the date the malpractice occurred. If an exact data cannot be determined, the limit will be two years from the end of treatment or hospitalization.

Injuries Are Too Minor to Warrant Litigation

Texas law has made medical malpractice cases very difficult and expensive to litigate and the caps on compensation mean that it can often cost more to pursue a case than you can receive in damages. These cases also require costly expert review and testimony from medical professionals and many hours of deposition. Since personal injury attorneys are paid on a contingency fee basis, they simply cannot accept med mal cases that do not involve serious injuries.

Emergency Room Cases

Texas has one of the most restrictive, unfair, and anti-patient emergency room laws in the country. Under Texas law, an emergency room or emergency room provider cannot be sued for negligence. They may only be sued if there is “willful and wanton” behavior. Basically, the provider must know their actions are about to cause serious injury or death, but proceed anyhow knowing what will happen. It is virtually impossible to prove a case under this standard.

COVID Related Cases

We are currently unable to accept cases involving a COVID diagnosis that leads to serious injury or death. A patient must prove that a medical provider violated a standard of care to bring a medical malpractice lawsuit. There are no currently accepted standards of care for COVID. Therefore, at this time we are not accepting those cases involving COVID.

Fetal Death or Miscarriage Claims

Texas law does not recognize a cause of action for the wrongful death of a baby unless it is born alive. If a medical provider’s negligence leads to the death before the child is born, then there is no basis for a lawsuit under Texas law. We feel this is unfair, cruel, and goes against the basic values of human life, but it is still the law in Texas.

Cases Without Any Wrongful Death Beneficiaries

To bring a wrongful death case in Texas, there must be a parent, spouse or child or the deceased. Step-children, siblings, and other family members are not entitled to bring a lawsuit.

Cases Without Any Physical Injuries

Texas law requires a physical injury in order to bring a lawsuit. There is no case if the negligence “almost” harmed someone, or “could have” killed or harmed them.

Cases With The Same Outcome Either Way

Texas law requires that the patient prove they would not have had the injury or damage, “but for” the negligence of the medical provider. You must be able to prove “more likely than not” the outcome would have been different in a significant way. It must be probable, not just possible.



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.




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 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

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

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.


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.

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Misty Peterson

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

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

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



Tommy Hastings and his team of personal injury attorneys have successfully tried and settled thousands of medical negligence lawsuits across Texas & Florida, 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 the nation.