Frequently Asked Texas Medical Malpractice Questions

What Is Medical Malpractice?

Doctors and nurses are trained to follow rules for the safety of their patients in all aspects of medicine – there are safety rules about how to diagnose diseases or injuries, how to treat infections, what kind of medications to use for kidney problems, and many other situations. Medical malpractice is what happens when doctors or nurses fail to follow these rules and patients get hurt.

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How Much Time Do I Have To File My

Texas Medical Malpractice Claim?

You may have as much as two years in which to file your Texas medical malpractice suit – or you may have only days. In rare cases, a patient might have more than two years to file suit.

But please: Don’t Guess!  

Please don’t ask lawyers who don’t regularly handle medical malpractice cases how much time you have to sue.  The time limits in medical malpractice cases are very different than the time limits in other types of cases.

Please don’t try to figure out for yourself how much time you have by yourself by reading something on the internet.  The question of how much time you may have to sue for medical malpractice can be surprisingly complex, and it is a terrible shame to wait too long because you think you have “plenty of time”.

We have had to tell dozens of people who had good medical malpractice claims that they waited too long because they were relying on something they read, or something someone told them.

Remember:  the consultation with us is free.  It costs you nothing to find out how much time you have, and there is absolutely never any obligation to hire us unless you want to.

What Are the Limits to Full Compensation in

Texas Malpractice Law?

Under Texas medical malpractice law, medical malpractice recovery is limited to $250,000 for damages other than medical bills and lost income.  That means that if a negligent doctor kills a married mother of four children whose parents are still living, the four children, surviving parents and husband can share the $250,000 recovery.

It doesn’t matter how many doctors were negligent, and it doesn’t matter how many people are hurt by the malpractice:  for damages other than bills and lost income, $250,000 is all you can get.  And there is no adjustment for inflation, either:  so year after year the actual value you can recover is less and less.

If you happen to have a case in which both your doctors and a hospital were negligent, then the caps max out at $500,000.

What a jury thinks after hearing the evidence in your case doesn’t matter, either.  Your legislators have made a deal with malpractice insurers and the courts have to enforce that deal.  So your medical malpractice jury may assess a several million dollar verdict in your case–but the judge will have to reduce that award to just $250,000.

And the jury won’t know a thing about it.  This is an ugly, unfair and un-American law.  It was sold to Texans based on a lie and promises that were broken from the day the bill was signed into law.  See


How Much Does it Cost to Hire You to Handle Our

Texas Medical Malpractice Case?

There is no charge at all for your initial consultations with us.

If we can help you, typically we handle your case on a contingent fee basis, which means that we get paid a percentage of what we recover for you in your case. If there is no recovery in your case, you owe us nothing.

Is A “Wrongful Death” Case Different From A Medical Malpractice Case?

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The term “Wrongful Death” is used by lawyers to describe any kind of case that involves the death of someone due to the negligence of another person.  There are Wrongful Death cases filed every day that involve automobile accidents, dangerous drugs, workplace accidents–and of course, medical malpractice.  Our medical malpractice team has handled Wrongful Death medical malpractice cases for over twenty five years.

Will This Be Hard On Me And My Family?

No. We take very good care of our clients. You will be protected and comfortable. Always. Once you call us and we begin work on your case, there is very little that you or your family have to do. Our lawyers and staff do all the work.

How Do I Know If I Have A Valid Medical Malpractice Case?

The only way to know if you have a valid medical malpractice case is to have your case reviewed by competent medical malpractice lawyers. Lawyers who normally handle car wrecks or divorces won’t know how to interpret medical records, won’t have access to medical experts, and aren’t familiar with the complex medical and legal issues in these cases.

Doctors who are sued always hire medical malpractice legal experts to defend them.  You would be foolish not to hire medical malpractice specialists to represent you.

Don’t wonder if you have a medical malpractice case.  Find out.  Fill out the contact form and tell us about your case, and we will get right back with you.



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