Medical Malpractice Claims Under Texas Laws

What Qualifies as Medical Malpractice in Texas?

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.

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.