Texas Medical Malpractice: How to Hold Negligent Doctors Accountable

What Counts as Medical Malpractice in Texas?

Medical malpractice generally means a health care provider failed to meet the accepted standard of care and caused injury. In Texas, many such claims are categorized as health care liability claims (HCLCs), defined as claims against a physician or health care provider for a departure from accepted standards of medical care, health care, or safety that proximately results in injury or death. See Tex. Civ. Prac. & Rem. Code § 74.001. To prevail, plaintiffs typically must prove duty (standard of care), breach, causation, and damages.

Common Examples of Negligence

• Misdiagnosis or delayed diagnosis leading to worse outcomes
• Surgical errors (wrong-site, wrong-patient, retained instruments)
• Medication mistakes (wrong drug, dosage errors, dangerous interactions)
• Birth injuries (to mother or child)
• Anesthesia errors and failure to monitor
• Failure to obtain informed consent for material risks
• Inadequate follow-up or poor coordination among providers

Key Texas Requirements That Shape Your Case

• Pre-suit notice and authorization: A claimant must give each health care provider written notice at least 60 days before filing suit and include a statutory medical-authorization form; notice tolls limitations for 75 days. See § 74.051, § 74.052.
• Expert report after filing: Within 120 days after filing the original petition, a claimant must serve a compliant expert report for each defendant addressing standard of care, breach, and causation; failure can result in dismissal with prejudice and fees. See § 74.351; expert qualifications are set out in § 74.401 and § 74.402.
• Time limits: Most HCLCs must be filed within two years, and a 10-year statute of repose can bar late claims. There are limited exceptions (e.g., certain minors). See § 74.251.
• Emergency care standard: For certain emergency department and obstetrical emergency care, claimants must prove willful and wanton negligence. See § 74.153.
• Damage caps: Texas limits certain non-economic damages in HCLCs; amounts vary by the type and number of defendants and in wrongful-death cases. See § 74.301, § 74.303.
• Governmental providers: Claims against governmental hospitals or clinics may also be subject to the Texas Tort Claims Act’s separate damages limits and notice rules. See § 101.023.

Evidence You’ll Need

• Complete medical records from all providers involved
• Imaging, lab results, medication lists, and device logs
• A timeline of symptoms, visits, and communications
• Bills, receipts, and documentation of lost work
• Expert medical opinions to establish the standard of care, breach, and causation
• Photos, journals, and witness statements showing day-to-day impact

Damages in Texas Medical Malpractice

Available compensation can include economic damages (medical bills, rehab, lost income) and non-economic damages (pain, mental anguish, loss of consortium). Texas caps certain non-economic damages in HCLCs: generally up to $250,000 per claimant against a physician or health care provider, plus up to $250,000 against each health care institution (capped at $500,000 total for institutions), for a potential combined non-economic cap of $750,000 in a single case. See § 74.301. In wrongful-death HCLCs, a separate cap applies to non-economic damages (adjusted for inflation). See § 74.303. Economic damages are not capped in Chapter 74, and exemplary (punitive) damages, when available, are subject to Chapter 41 limits. See § 41.008.

Pre-Suit and Expert Requirements

Before filing, send the 60-day notice and authorization required by § 74.051 and § 74.052. After filing, you must timely serve an expert report that fairly summarizes the applicable standard of care, how it was breached, and how the breach caused the injury; if a report is not served, the court must dismiss the case with prejudice and award attorney’s fees and costs. See § 74.351. Expert qualifications depend on the defendant’s role. See § 74.401, § 74.402.

Hospitals and Clinics: When Institutions Are Liable

Hospitals and clinics may be liable for their employees’ negligence (vicarious liability), for negligent credentialing or supervision, or for unsafe policies and systems. Texas courts have recognized negligent credentialing claims against hospitals. See, e.g., St. Luke’s Episcopal Hosp. v. Agbor, 952 S.W.2d 503 (Tex. 1997). Whether a hospital is liable for an independent-contractor physician can depend on doctrines like ostensible agency and on how care was presented to the patient. Many of these claims are treated as HCLCs when they allege departures from accepted standards of medical care or safety. See the broad HCLC definition in § 74.001.

Protect Your Claim: Practical Steps

• Get appropriate medical care and follow clinical advice
• Request and securely store your complete medical records
• Write a detailed timeline while events are fresh
• Avoid posting case details on social media
• Consult a Texas medical malpractice attorney promptly to evaluate deadlines, expert needs, and evidence preservation

FAQs

How long do I have to file a malpractice claim in Texas?

Generally two years from the date of the alleged negligence, subject to a 10-year statute of repose and limited exceptions. See § 74.251.

Do I need an expert to bring a case?

Yes. After filing, you must serve a compliant expert report addressing standard of care, breach, and causation within 120 days. See § 74.351.

Are non-economic damages capped?

Yes. Non-economic damages are capped by statute depending on defendant type and in wrongful-death cases. See § 74.301 and § 74.303.

What if the hospital is a government facility?

Claims may be subject to the Texas Tort Claims Act’s separate notice rules and damages limits. See § 101.023.

How Our Firm Can Help

We investigate quickly, obtain and review medical records, work with qualified experts, calculate full damages, navigate Texas procedural requirements, and negotiate or litigate to hold negligent providers accountable. We manage communications with insurers and defense counsel so you can focus on recovery. Contact us to discuss your options.

Take the Next Step

If you suspect medical negligence, speak with a Texas malpractice attorney as soon as possible. Early legal guidance helps you meet procedural requirements, evaluate your options, and protect your right to compensation. Schedule a consultation.

Disclaimer: This blog is for general information only and is not legal advice. Texas law changes, and deadlines are short. Reading this does not create an attorney-client relationship. Consult a licensed Texas attorney about your specific situation.