Texas Medical Malpractice Attorneys

Reclaim Damages With Specialized Personal Injury Attorneys

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HAVE YOU BEEN INJURED BY A MEDICAL ERROR IN TEXAS?

Medical malpractice happens when a Texas healthcare provider deviates from the accepted standard of care and injures a patient. If a doctor, nurse, or hospital’s negligence harmed you, The Dashner Law Firm can pursue compensation for your medical bills, lost income, and suffering. Call 972-793-8989 for a free consultation.

You place enormous trust in the people who treat you. When that trust is broken by a preventable error — a misread scan, a surgical mistake, a missed diagnosis — the consequences can be devastating and permanent. Medical malpractice is one of the most complex areas of personal injury law in Texas, governed by strict procedural rules that favor well-funded hospitals and their insurers.

That is exactly why experienced representation matters. Attorney Geoffrey Dashner and his team have the resources, medical knowledge, and courtroom determination to stand up to healthcare defendants and fight for the recovery you deserve.

What Counts as Medical Malpractice in Texas?

Not every bad outcome is malpractice. Medicine carries real risk, and a disappointing result is not automatically negligence. To have a valid claim, four elements must be proven — the same negligence framework used across Texas injury law:

  • Duty of care: A provider-patient relationship existed, creating a legal obligation to treat you competently.
  • Breach of duty: The provider failed to meet the accepted standard of care that a reasonably careful professional would have followed.
  • Causation: That breach — not the underlying illness — directly caused your injury.
  • Damages: You suffered measurable harm, such as additional medical costs, lost earnings, or lasting disability.

Under the Texas Medical Liability Act (Chapter 74 of the Civil Practice and Remedies Code), these cases are formally called “health care liability claims,” and they carry requirements that ordinary injury cases do not.

Types of Medical Malpractice Claims We Handle

Almost any departure from the standard of care can support a claim. Our Texas medical malpractice attorneys represent patients and families harmed by:

If you are unsure whether your experience qualifies, a free case review is the fastest way to find out.

Compensation Available in a Texas Medical Malpractice Case

Texas law divides recovery into two categories. Economic damages — past and future medical bills, lost wages, lost earning capacity, and rehabilitation costs — are not capped and can be substantial in cases involving lifelong care. Non-economic damages for pain, suffering, and mental anguish are limited by statute: $250,000 against physicians and providers, plus separate caps for healthcare institutions, up to a combined ceiling. Because these caps make thorough documentation of economic losses critical, having an attorney who knows how to build and prove the full value of your claim can significantly affect your outcome. Our team works with medical and financial experts to project the true, lifetime cost of your injuries.

Strict Deadlines You Cannot Afford to Miss

Medical malpractice cases in Texas run on an unforgiving clock:

  • Two-year statute of limitations — generally measured from the date of the negligent act or the completion of the related treatment, with a strict 10-year outer limit and limited exceptions for minors.
  • 60-day pre-suit notice — you must formally notify each provider before filing.
  • 120-day expert report — a qualified medical expert must submit a detailed report supporting your claim, or the case can be dismissed.

Missing any one of these deadlines can permanently end your case, no matter how strong it is. Reviewing our Texas lawsuit process overview can help you understand what comes next, and speaking with an attorney early preserves both evidence and your legal rights.

Why Choose The Dashner Law Firm

These are among the most difficult and resource-intensive cases in all of personal injury law. They demand qualified experts, exhaustive review of medical records, and the financial staying power to litigate against major hospitals and insurers. Attorney Dashner has built a reputation for taking on complex cases that other attorneys avoid — and for the personal, hands-on attention every client receives. You will never pay out of pocket; we work on contingency and collect nothing unless we recover for you.

Contact Our Medical Malpractice Attorneys Today

If you or a loved one was harmed by a medical error, don’t wait for a deadline to pass. Contact The Dashner Law Firm today to schedule your free, no-obligation case review. Call 972-793-8989 now — we’re on your side.

MEDICAL MALPRACTICE FAQs

RECENTLY ASKED TOPICS
What is considered medical malpractice in Texas?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes injury. A valid claim requires four elements: a duty of care, a breach of that duty, a direct causal link, and measurable damages.

A poor outcome alone is not malpractice — medicine involves inherent risk. What matters is whether a competent provider in the same situation would have acted differently, and whether that failure is what actually caused your harm. Because proving causation against the underlying illness is often the hardest part, these cases nearly always require qualified medical expert testimony.

How do I know if I have a valid medical malpractice case?

You likely have a case if a provider’s error deviated from accepted medical standards and directly caused you a serious injury or additional harm. The only reliable way to know is to have your medical records reviewed by an experienced attorney and a medical expert.

Warning signs include a condition that worsened after treatment, a diagnosis that was clearly missed or delayed, a surgical complication that shouldn’t have occurred, or a provider who is evasive about what happened. A free consultation lets us assess whether your situation meets the legal threshold under Texas law.

What is the statute of limitations for medical malpractice in Texas?

You generally have two years from the date of the negligent act or the end of the related treatment to file a medical malpractice claim in Texas, with a strict 10-year outer limit and limited exceptions for minors.

This deadline is enforced rigidly, and missing it almost always means losing your right to compensation entirely. Because Texas also requires 60-day pre-suit notice and a 120-day expert report, waiting even a few weeks can jeopardize your claim. Acting quickly gives your attorney time to secure records and line up experts.

Is there a cap on medical malpractice damages in Texas?

Yes. Texas caps non-economic damages (pain and suffering) at $250,000 against physicians and providers, with separate caps for healthcare institutions up to a combined ceiling. Economic damages such as medical bills and lost wages are not capped.

This distinction makes it essential to fully document every financial loss, including future medical care and lost earning capacity, which in a catastrophic case can far exceed the non-economic cap. An experienced attorney knows how to build a damages model that captures the complete, lifetime cost of your injury within the statutory framework.

What is the expert report requirement in a Texas medical malpractice case?

Texas law requires you to serve a report from a qualified medical expert within 120 days of the defendant’s answer. The report must explain the standard of care, how it was breached, and how that breach caused your injury.

If the report is late or deficient, the court can dismiss your case with prejudice — regardless of how strong it is. This single requirement is one of the biggest reasons medical malpractice cases demand an attorney with the resources and relationships to secure the right expert quickly and prepare a compliant report on time.

What types of medical errors can lead to a malpractice claim?

Common examples include misdiagnosis, surgical errors, medication and anesthesia mistakes, birth injuries, failure to obtain informed consent, hospital-acquired infections, and emergency room negligence.

Diagnostic errors are among the most frequent and most serious, because a delayed cancer or cardiac diagnosis can eliminate treatment options entirely. Medication mistakes, which overlap with our prescription drug error practice, are also widespread. If a preventable error caused you lasting harm, it may support a claim.

Can I sue a hospital for medical malpractice in Texas?

Yes. A hospital can be held liable for the negligence of its employees, such as nurses and staff, and sometimes for its own institutional failures like inadequate staffing, poor hygiene protocols, or negligent credentialing of physicians.

Determining the correct defendant is often complicated, because many doctors are independent contractors rather than hospital employees. Identifying every liable party — and the applicable damage caps for each — is a key part of maximizing your recovery, and one reason experienced legal help is so valuable in these cases

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