Austin Medical Malpractice Lawyer – Holding Healthcare Providers Accountable

What is Medical Malpractice?

Definition Under Texas Law

Medical malpractice occurs when a healthcare provider—doctor, nurse, hospital, or other medical professional—deviates from the accepted standard of care, resulting in injury or harm to a patient. It's not simply a bad outcome; medicine involves inherent risks, and not every complication constitutes malpractice. Malpractice occurs when a provider's treatment falls below what a reasonably competent provider in the same specialty would have done.

Elements of a Medical Malpractice Claim

To succeed in a Texas medical malpractice case, you must prove four elements:

1. Duty of care: A doctor-patient relationship existed, creating an obligation to provide competent care
2. Breach of standard of care: The healthcare provider failed to meet the accepted standard of care for their specialty
3. Causation: The breach of standard of care directly caused your injury
4. Damages: You suffered actual harm—physical, emotional, or financial

Standard of Care Explained

The "standard of care" refers to what a reasonably competent healthcare provider in the same specialty, under similar circumstances, would have done. This standard varies by specialty—a general practitioner is held to a different standard than a neurosurgeon. Medical experts in the same field determine whether the standard was violated by reviewing medical records, imaging, and other evidence.

Types of Medical Malpractice We Handle

Surgical Errors

Surgical mistakes can have life-altering consequences. Common surgical errors include wrong-site surgery (operating on the wrong body part), leaving instruments or sponges inside the patient, anesthesia errors causing brain damage or death, and nerve damage from improper technique. These "never events" are clear indicators of negligence.

Misdiagnosis and Delayed Diagnosis

Failing to diagnose a condition—or diagnosing it too late—can allow treatable conditions to become fatal. Cancer misdiagnosis is particularly devastating; early-stage cancers often have excellent survival rates, while late-stage diagnoses may be terminal. Heart attacks, strokes, and infections also require prompt diagnosis to prevent serious harm.

Medication Errors

Prescribing the wrong medication, incorrect dosages, or failing to account for dangerous drug interactions can cause serious harm. Medication errors occur at every level—from physician prescriptions to pharmacy dispensing to nursing administration.

Birth Injuries

Errors during pregnancy and delivery can cause permanent harm to newborns and mothers. Cerebral palsy can result from oxygen deprivation during birth, brachial plexus injuries occur when excessive force is used during delivery, and failure to perform a timely C-section can lead to catastrophic outcomes.

Emergency Room Errors

Emergency rooms are high-pressure environments where mistakes happen. Premature discharge, triage failures that delay treatment of critical conditions, and misreading symptoms are common ER errors that can prove fatal.

Hospital Negligence

Hospitals can be liable for systemic failures beyond individual provider errors. Hospital-acquired infections from poor sanitation, patient falls due to inadequate supervision, and staffing failures that compromise care quality are all forms of hospital negligence.

Nursing Home Malpractice

Nursing homes have a duty to provide appropriate care for elderly and vulnerable residents. Neglect, abuse, medication errors, fall injuries, pressure sores, and malnutrition can all constitute nursing home malpractice.

Common Medical Malpractice Injuries

Worsened Medical Conditions

When treatment is delayed or improper, underlying conditions can worsen significantly. A treatable cancer becomes terminal; a manageable infection becomes sepsis; a minor injury becomes permanent.

Permanent Disability

Medical errors can result in paralysis, amputation, loss of organ function, or other permanent disabilities that fundamentally change every aspect of a person's life.

Brain Damage

Oxygen deprivation during surgery or birth, anesthesia errors, and untreated strokes can cause traumatic brain injuries with lasting cognitive, behavioral, and physical effects.

Chronic Pain

Nerve damage from surgical errors, undiagnosed conditions, and other malpractice can result in chronic pain syndromes that diminish quality of life permanently.

Death

The most tragic outcome of medical malpractice is preventable death. If you've lost a loved one to medical negligence, our wrongful death lawyers can help your family pursue justice.

Texas Medical Malpractice Laws

Texas has some of the most restrictive medical malpractice laws in the country. Understanding these requirements is essential to a successful claim.

Statute of Limitations

You generally have two years from the date of the negligent act or omission to file a medical malpractice lawsuit. Texas also has a "discovery rule" that may allow filing within two years of when you discovered (or reasonably should have discovered) the injury. However, there's an absolute 10-year "statute of repose"—after 10 years, claims are typically barred regardless of when the injury was discovered. Learn more about the Texas statute of limitations.

Expert Report Requirement

Texas law requires plaintiffs to file an expert report within 120 days of filing a medical malpractice lawsuit. This report must be prepared by a qualified medical expert and must detail the applicable standard of care, how the defendant breached that standard, and how the breach caused your injury. Failure to serve a compliant expert report results in automatic dismissal of your case.

Damage Caps in Texas

Texas caps non-economic damages (pain and suffering, mental anguish, disfigurement) in medical malpractice cases:

• $250,000 per defendant physician
• $250,000-$500,000 total for hospitals and healthcare institutions
• No cap on economic damages (medical bills, lost wages, future care costs)

These caps make it essential to fully document and prove all economic damages to maximize recovery.

Pre-Suit Notice Requirements

Before filing suit, you must provide 60 days' written notice to each healthcare provider you intend to sue. This notice period tolls (pauses) the statute of limitations, but must be properly executed to preserve your rights.

Compensation in Medical Malpractice Cases

Medical Expenses

All costs of corrective treatment made necessary by the malpractice, including surgeries, hospital stays, medications, rehabilitation, and ongoing care. Future medical expenses for conditions requiring long-term treatment are also recoverable.

Lost Wages and Earning Capacity

Income lost during recovery and, for permanent injuries, the reduction in your ability to earn income for the rest of your working life.

Pain and Suffering

While subject to Texas damage caps, compensation for physical pain and emotional distress remains an important component of your recovery.

Disability and Disfigurement

Compensation for permanent impairments that affect your daily life, independence, and physical appearance.

Loss of Quality of Life

Activities, hobbies, and experiences you can no longer enjoy due to your injuries.

Learn more about compensation in our guide to types of damages in Texas.

Challenges in Medical Malpractice Cases

Proving Standard of Care Violation

Establishing that a healthcare provider's actions fell below the standard of care requires qualified expert witnesses—typically physicians in the same specialty as the defendant. We work with board-certified medical experts across all specialties to analyze your case and provide compelling testimony.

Establishing Causation

It's not enough to prove negligence occurred; you must prove the negligence caused your injury. Defense attorneys often argue that the patient's underlying condition—not the provider's negligence—caused the harm. We work with medical experts to establish clear causal connections.

Fighting Hospital Legal Teams

Hospitals and their insurers employ well-funded defense teams with extensive resources. They hire their own medical experts, conduct aggressive discovery, and fight to minimize or eliminate liability. Our firm has the resources and experience to level the playing field.

Texas Tort Reform Challenges

Texas's damage caps and procedural requirements make medical malpractice cases more difficult than in other states. These laws were designed to protect healthcare providers, and navigating them requires specialized knowledge and careful planning.

How We Handle Medical Malpractice Cases

Thorough Case Investigation

We obtain and meticulously review all medical records, imaging, lab results, and other documentation. Our team identifies potential deviations from the standard of care and builds a comprehensive understanding of what happened.

Expert Witness Coordination

We work with a network of board-certified medical experts across specialties. Our experts review your records, identify standard of care violations, and provide the mandatory expert reports required under Texas law.

Compliance with Texas Requirements

We ensure all procedural requirements are met—from pre-suit notice to expert reports to filing deadlines. Missing any of these requirements can doom an otherwise valid case.

Aggressive Negotiation and Litigation

We negotiate firmly with insurers and, when necessary, take cases to trial. Our trial experience and willingness to litigate gives us leverage in settlement negotiations.

Why Choose Our Austin Medical Malpractice Lawyers?

• Deep understanding of medicine – We speak the language and understand the procedures
• Network of qualified experts – Board-certified physicians ready to analyze your case
• Experience with Texas requirements – We navigate complex malpractice procedures successfully
• Resources to fight healthcare systems – We can match hospital legal teams resource for resource
• No fee unless we win – You pay nothing upfront; our fee comes from your recovery

See our track record on our case results page.

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