At McLaurin Law, our medical malpractice lawyer team helps clients in Texas seek compensation following incidents in which they or their loved ones have suffered injury or death due to negligence involving medical errors and practices deviating from the established and proper standard of care.
Houston, Texas
Medical Malpractice Lawyer
”“Would recommend every person from the firm that has helped me in this process has been incredibly helpful and professional. The process felt less overwhelming knowing that people who cared about me had my back through it all.”
- Will G.
Understanding When You Need a Medical Malpractice Lawyer in Houston, Texas
When we must place our trust in medical professionals to address a significant health condition or recover from an injury, we believe that doctors and nurses follow procedures that align with a standard of care.
If you or your loved ones have recently suffered an unfortunate incident in which divergent choices or actions by a medical professional led to unnecessary or unexpected preventable injury or death, we understand the shock, pain, and frustration you must be feeling.
While reversing what happened in the medical environment is not an option, an experienced Texas medical malpractice lawyer can help you seek financial compensation that may assist you or your family while holding the medical personnel accountable for their actions or inactions.
Medical malpractice is negligence within the scope of a medical professional’s practice. This type of negligence can often lead to injuries and illnesses. In some cases, medical malpractice can lead to death. When a doctor makes a preventable error, the patient should not need to pay for the associated expenses. They can also seek compensation for their avoidable pain and suffering.
Types of Medical Malpractice in Texas
Medical malpractice cases typically fall into a few standard categories. Here are some common types of medical malpractice:
- Misdiagnosis
- Delayed care
- Drug errors
- Surgical mistakes
- Birth injuries
- Defective medical devices
If you or your loved one have experienced any of the above in or near Houston, Texas, contact our medical malpractice legal team today to schedule a strategy session.
Proving Medical Malpractice in Houston, TX
When you file a medical malpractice claim, you will need to provide evidence that your physician made a preventable error that led to your damages. Medical malpractice is a personal injury case based on negligence that was committed by a medical professional, and establishing negligence in a medical environment is different from establishing negligence in other situations.
In order for your case to qualify for medical malpractice, you must show that your physician acted outside the professionalism and competency warranted for their training and medical role.
Medical professionals owe a duty of care to their patients to provide the care a “reasonable physician” would provide under similar circumstances. In regards to treatment or surgery, they must meet the applicable proper standard of care.
You shouldn’t attempt to prove medical malpractice on your own. Instead, working with an experienced medical malpractice attorney can help you approach your case strategically and collect compelling evidence to support your claim.
Your experienced Texas medical malpractice attorney can collect the following evidence for an actionable medical negligence lawsuit:
- Evidence of a doctor-patient relationship
- Evidence of substandard medical care
- Evidence of a connection between your injury and the doctor’s substandard care
- Proof of the injury, illness, or other damages you experienced
Schedule a strategy session with our medical malpractice legal team to assess your case and identify your next steps.
What Damages Can You Seek in a Texas Medical Malpractice Case?
When you file a medical malpractice lawsuit against a physician in Texas, you may be able to seek a few types of damages:
- Economic damages: Compensation for medical bills and other expenses directly caused by the malpractice
- Noneconomic damages: Compensation for non-monetary damages, such as emotional distress, pain and suffering, and loss of enjoyment of life
- Punitive damages: Compensation for the defendant’s reckless or intentionally dangerous behavior
In Texas, noneconomic damages for medical malpractice claims are capped at $250,000 for cases against a single physician and $500,000 for cases with multiple defendants. Noneconomic damages are more subjective in value than economic damages. There are currently no limits for economic damages.
In addition to immediate medical expenses some other common damages in a medical malpractice case may include:
- Future medical expenses
- Lost wages
- Loss of earning capacity
- Costs for required household services
It is important to include ongoing expenses and difficulties experienced as a result of the malpractice when assessing damages. Your attorney can help you determine which damages to claim in your medical malpractice lawsuit.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Texas?
Texas generally requires you to file a medical malpractice claim within two years of the incident. If you miss this window, you may be permanently barred from seeking compensation. However, because these deadlines are strict, you should consult an attorney immediately to ensure your rights are protected.
Are there exceptions to the two-year filing deadline?
Yes. In some cases, the “Discovery Rule” may apply if the injury was not immediately apparent. Additionally, minors have different standards; for example, a claim involving a child under the age of 12 must be filed by their 14th birthday. If you believe your deadline has passed, we can help determine if you qualify for a legal exception.
What is an "Expert Report" and why is it required?
In Texas, medical malpractice victims are required to serve an expert report within 120 days of filing a lawsuit. This report must be written by a qualified healthcare professional who explains exactly how the defendant breached the standard of care. Without a timely, sufficient expert report, your case can be dismissed entirely.
Are there limits on how much I can recover?
Texas law imposes “damage caps” on non-economic losses, such as pain and suffering. Generally, there is a $250,000 cap against individual physicians and a $250,000 cap against a single healthcare institution (with a maximum total cap of $750,000 if multiple institutions are involved). There is no cap on economic damages like medical bills or lost wages.
How do I prove a doctor was negligent?
Proving negligence requires showing that the doctor’s care fell below the accepted “medical standard of care” and that this failure directly caused your injury. This involves a deep dive into medical records and securing testimony from medical experts who can confirm that a competent doctor would have acted differently under the same circumstances.
How can a Texas medical malpractice lawyer help me?
You should not face a hospital’s legal team alone. Our firm takes the burden off your shoulders by:
- Gathering and analyzing complex medical records
- Identifying and retaining the right medical experts for your case
- Managing all filings and meeting strict Texas procedural deadlines
- Negotiating with insurance companies that are incentivized to protect their profits
Contact Our Texas Medical Malpractice Lawyers Today
If you or a loved one have been a victim of medical malpractice, filing an insurance claim or lawsuit against the at-fault party can reduce the financial burden of this incident. Our medical negligence lawyers at McLaurin Law are here to help you.
McLaurin Law — When you need more than luck on your side
