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Medical malpractice in Texas

Texas makes these cases hard on purpose. A qualified expert report is due within 120 days of each defendant’s answer, and a case that misses it is dismissed with fees.

Chapter 74 requires written notice before suit, an authorisation for release of medical records, and then a report from a physician qualified in the relevant field setting out the standard of care, how it was breached and how that breach caused the harm. We do not file until we have that expert — reviewing the complete record first, including the nursing notes, imaging, medication administration and the versions of the chart created after the fact.

A cap on non-economic damages applies, but economic losses — future medical care, lost earning capacity, life-care planning for a birth injury — are not capped, and they are usually the larger number in a catastrophic case. Valuing them properly is the difference between a settlement that covers a life and one that covers a year.

Cases we review

  • Failure to diagnose or delayed diagnosis of cancer, stroke, sepsis and heart attack
  • Surgical error, wrong-site surgery and retained foreign objects
  • Birth injury, including hypoxic brain injury and shoulder dystocia
  • Medication and anaesthesia errors
  • Emergency-room care, which Texas holds to a wilful-and-wanton standard rather than ordinary negligence

The record

recovered for clients since 2011
$212M+
cases taken to verdict
60+
trying cases in Harris County
19 years

How a case moves

  1. Investigation

    We move fast on the evidence: black-box data, driver logs, plant records, scene documentation and witnesses — preserved before it disappears.

  2. Demand

    A documented demand built on medical evidence and proven losses. Insurers respond to files that are ready for a courtroom, not letters that hope for one.

  3. Litigation

    Suit, discovery and depositions in Texas state or federal court. Every deadline is ours to hit; every deposition builds the trial record.

  4. Trial

    If the offer never matches the harm, we pick a jury. You decide whether to settle — at every stage, with the numbers in front of you.

Questions

A bad outcome happened. Is that malpractice?

Not by itself. Medicine carries risk, and a known complication properly handled is not negligence. The question is whether the care fell below what a reasonably prudent provider would have done — which is why an independent physician reviews the record before we ever file.

Why is the deadline so much tighter?

Chapter 74 layers a pre-suit notice period and a 120-day expert-report deadline on top of the two-year statute of limitations. Building a qualified report takes months, so an early call is not a formality here.

Is there a cap on what we can recover?

Non-economic damages are capped per claimant against physicians and, separately, against health-care institutions. Medical expenses, future care and lost earning capacity are not capped, and in a severe case they dominate the claim.

The insurer started building its file the day it happened

Texas deadlines can end a claim before you know it exists. The call costs nothing.

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