Autor: Shelby Benavidez 

Abogado colaborador: Brad Russell, attorney 

When you visit a doctor or hospital, you trust that the medical professionals caring for you will do their jobs correctly. Most of the time, they do. But mistakes happen – and sometimes those mistakes can cause serious harm. When a medical professional’s negligence results in injury or death, it may be considered medical malpractice. 

Medical malpractice is one of the most complex areas of personal injury law. It often involves difficult questions about what went wrong, who is responsible, and whether it’s worth pursuing a lawsuit. In this article, we’ll break down what medical malpractice means, discuss common types of cases, review how long you have to file a claim, and look specifically at how these cases work under Texas law. 

What Is Medical Malpractice? 

Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard of practice, and a patient is harmed as a result. ot all medical mistakes are malpractice, but negligent ones usually are. 

Medical malpractice is a complex term with thousands of variable factors, but one of the most common examples of medical malpractice is misdiagnosis or delayed diagnosis. If a doctor fails to identify a life-threatening disease or condition in a timely manner and the patient’s condition worsens as a result, the doctor could face a medical malpractice suit. It is important to note that the misdiagnoses or delayed diagnosis stemmed from negligence or carelessness, meaning any other reasonable doctor would have been able to diagnose and treat the condition under the same circumstances.  

Medication errors, like prescribing the wrong drug or dosage, and anesthesia errors, such as giving too much or too little, are other common reasons for medical malpractice lawsuits. 

Finally, surgical errors and birth injuries are some of the most serious forms of medical malpractice, as these can lead to lasting injuries and even death. If a surgeon operates on the wrong body part, leaves surgical instruments inside a patient, or makes other negligent mistakes during surgery, or if a doctor makes negligent mistakes during labor and delivery that harm the baby or mother, they are likely to face a lawsuit. 

Again, not every poor outcome counts as malpractice. For a valid claim, the patient must prove that the healthcare provider deviated from the standard of care and that this deviation directly caused harm. 

How Long After a Medical Mistake Can You Sue? 

The time limit to file a malpractice lawsuit is called the statute of limitations. In most states, you have two years from the date of the injury or from when you discovered (or should have discovered) the mistake. 

However, this varies by state. In Texas, for example, patients typically have two years from the date of the negligent act to file a claim. There are a few exceptions, though, such as cases that involve minors or cases where the harm wasn’t immediately obvious, but waiting too long can mean losing the right to sue entirely. 

If you believe you’ve been a victim of medical negligence, it’s important to contact a lawyer as soon as possible. Evidence degrades over time, especially in medical malpractice cases, so gathering medical records, expert testimony, and other evidence may become more difficult the longer you wait. 

The Difficulty in Winning a Medical Malpractice Lawsuit 

Medical malpractice cases are notoriously difficult for victims to win. These cases require complex evidence that prove the doctor or nurse’s negligence was the sole cause of the injury. This often requires pulling in other medical experts in the same field to testify that the standard of care was violated. Expert witnesses, especially doctors, can be extremely costly on top of the collection and review of medical records and court costs, making these cases expensive to pursue.  

Beyond the facts of the case, juries typically have a high level of sympathy for doctors. It’s part of human nature to assume that doctors are doing their best, even if the outcome was tragic. If your case is brought to trial, your attorney would have to have an abundance of clear, undeniable evidence that the doctor was negligent and that the injury was more than a simple mistake – it was the result of a careless and preventable act. 

In fact, studies show that medical providers win 50% of cases with strong evidence of medical negligence, 70% of jury trials in borderline cases, and up to 90% of cases with weak evidence of medical negligence.  

So, yes, medical malpractice suits can be difficult to win, but that’s not to say all hope is lost. Legitimate cases can be successful with the right attorney and all necessary evidence. 

Is It Worth Suing for Medical Malpractice? 

Whether a lawsuit is “worth it” is really up to you and your family. Many personal injury attorneys offer free consultations, so it never hurts to reach out and see what options you have available. During the consultation, the attorney can review the severity of the injury and the impact the injury has had on your life. 

For minor injuries or cases with uncertain evidence, the cost and stress may outweigh the benefits, but a qualified malpractice attorney can evaluate the case and give honest advice about the strength of your case. 

Medical Malpractice Laws in Texas 

What Is the Medical Negligence Law in Texas? 

Texas has specific laws that govern medical malpractice claims. These are outlined under the Texas Medical Liability Act (TMLA). The law was designed to reduce frivolous lawsuits and control rising insurance costs, but it also made it harder for patients to win claims. 

The law includes that there is a two-year statute of limitations for most claims, and, within 120 days of filing a lawsuit, you (the plaintiff) would need to submit an expert medical report explaining how the doctor or medical provider breached the standard of care. It also put caps on non-economic damages like pain and suffering, limiting these claims to $250,000 per health care provider. If you fail to meet these requirements, your case could be dismissed entirely. 

How to Prove Medical Malpractice in Texas 

To succeed in a malpractice case in Texas, the plaintiff must prove that the doctor or healthcare provider owed you a duty of care and failed to meet the accepted medical standard of care. Then, you’d need to prove that this failure directly caused your injury, and you suffered measurable harm – physical, emotional, or financial. As previously mentioned, this often involves obtaining testimony from a medical expert who can explain what should have been done differently and how that mistake led to harm. 

How Much Can You Sue for in Texas? 

In Texas, the amount you can recover in a medical malpractice case varies greatly depending on the type of damages involved – and no two cases are ever exactly alike. Every situation has its own facts, its own impact, and its own story, which means there’s no way to guarantee how much you will win, even if another case seems similar to yours. 

Generally, compensation falls into three main categories. Economic damages cover tangible, measurable losses such as medical bills, rehabilitation costs, and lost income due to missed work or long-term disability. There’s no legal cap on these damages, so the total amount depends on the extent of your financial losses. On the other hand, non-economic damages include pain, suffering, emotional distress, and loss of enjoyment of life. Under Texas law, these damages are capped at $250,000 per healthcare provider, with a maximum of $500,000 total if more than one medical institution is involved. Finally, punitive damages may be awarded in rare cases where there’s clear evidence of gross negligence or reckless conduct by a healthcare provider. 

While these caps can limit very large jury awards, victims of medical malpractice can still receive significant compensation, especially when their financial losses are substantial. Every case is different, and outcomes depend on a wide range of factors, from the strength of the evidence to the severity of the injury, making it essential to consult an experienced attorney who can evaluate the unique details of your situation. 

What to Remember Before Filing a Medical Malpractice Claim 

Medical malpractice cases are complex, emotional, and often challenging to win, but they play a crucial role in holding healthcare providers accountable and improving patient safety. 

If you or a loved one has suffered harm due to medical negligence, don’t ignore it. Understanding your rights, the time limits for filing, and the laws that apply can make all the difference. A skilled personal injury attorney can help you determine whether you have a case and guide you through every step of the process.