Injured by a Doctor in Texas? Personal Injury Justice Now

What Counts as Medical Malpractice in Texas?

Medical malpractice occurs when a health care provider fails to meet the applicable standard of care and that failure causes injury. In Texas, health care liability claims can involve physicians, hospitals, nurses, dentists, pharmacists, and other licensed providers. Common scenarios include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia mistakes, inadequate monitoring, failure to obtain informed consent, and poor infection control. Not every bad outcome is malpractice—the question is whether the provider’s conduct fell below the accepted standard of care and caused harm.

Essential Texas Requirements You Should Know

Pre-suit notice (60 days). Before filing suit, a claimant must give each defendant written notice at least 60 days in advance and include a statutory medical authorization. Proper service tolls the limitations period for 75 days for each recipient. See Tex. Civ. Prac. & Rem. Code § 74.051 and § 74.052.

Early expert report. After each defendant files an original answer, the claimant must serve an expert report within 120 days that fairly summarizes the applicable standard of care, how it was breached, and how that breach caused the injury. An inadequate or late report can lead to dismissal with prejudice and, in some cases, an award of fees and costs. See § 74.351 (including the definition at § 74.351(r)(6)) and expert-qualification provisions at §§ 74.401–74.403.

Deadlines and Time Limits

Texas imposes strict deadlines:

• Two-year statute of limitations. Generally, a health care liability claim must be filed within two years from the date of the alleged negligence or from the end of the relevant course of treatment or hospitalization, as applicable. See § 74.251(a).
• Minors under 12. Claims for minors under 12 must be filed by the child’s 14th birthday. See § 74.251(a).
• Ten-year statute of repose. No claim may be filed more than 10 years after the alleged act or omission. See § 74.251(b).
• Notice tolling. Serving the 60-day pre-suit notice tolls limitations for 75 days as to each noticed defendant. See § 74.051(c).

Texas generally does not apply a discovery rule to extend these deadlines for health care liability claims, subject to narrow exceptions (e.g., minors and potential equitable doctrines). Timely legal review is critical.

Expert Reports: What They Must Show

Each served expert report must provide a fair summary of: (a) the standard of care applicable to the defendant, (b) the manner in which the defendant breached that standard, and (c) the causal relationship between the breach and the injury. Courts scrutinize these reports, and failure to timely serve a compliant report may result in dismissal with prejudice. See § 74.351.

Damages in Texas Medical Malpractice Cases

• Economic damages (e.g., medical bills, rehabilitation, lost income) are not capped in Chapter 74 health care liability cases.
• Noneconomic damages (e.g., pain and suffering, mental anguish, physical impairment) are capped as follows: up to $250,000 against a physician or health care provider, plus up to $250,000 against each health care institution, limited to two institutions (maximum $500,000 against institutions). The combined maximum noneconomic recovery in a case involving a provider and two institutions is $750,000. See § 74.301.
• Exemplary (punitive) damages are available only under limited circumstances and are subject to separate statutory limits under § 41.008.
• Additional statutory limits may apply in certain wrongful-death health care liability cases. See § 74.303.

Who Can Be Liable?

Potential defendants include individual physicians and other licensed professionals, hospitals and surgical centers, clinics, practice groups, and, in some situations, entities responsible for credentialing or policies. Liability depends on the relationship between the provider and the patient, delegation and supervision, and whether the provider is an employee or independent contractor.

How We Build Your Case

We move quickly to secure records and evidence, consult with qualified medical experts, and evaluate liability and damages. Steps typically include: requesting complete medical records and imaging, interviewing witnesses, analyzing timelines and chart entries, preserving device and medication data when relevant, obtaining life care plans and economic loss analyses, and preparing the required expert reports. Early action helps prevent records loss and supports compliance with Texas deadlines.

Practical Tips

What to Do Right Now

• Seek appropriate medical care from a qualified provider not involved in the alleged negligence.
• Preserve evidence: keep discharge papers, prescriptions, appointment summaries, bills, and correspondence.
• Journal your symptoms, limitations, missed work, and out-of-pocket costs.
• Do not sign releases or accept settlements without legal advice.
• Contact a Texas medical malpractice attorney promptly to evaluate your claim and protect your timelines.

Frequently Asked Questions

Do I need an expert to bring a case? Yes. Texas requires service of an expert report for each defendant within 120 days after that defendant’s original answer. See § 74.351.

What if I learned about the error later? Texas generally uses a two-year limitations period that is not extended by the discovery rule in health care liability cases, subject to narrow exceptions (e.g., minors under 12, potential equitable doctrines), and a 10-year repose. See § 74.251.

Are noneconomic damages capped? Yes. See § 74.301.

Can I sue the hospital for a doctor’s mistake? It depends on employment or agency relationships and institutional negligence theories; the facts and contracts matter.

How long will my case take? Timelines vary based on complexity, expert availability, court schedules, and the number of parties involved.

Talk With a Texas Medical Malpractice Attorney

Medical malpractice claims in Texas are complex and deadline-driven. If you or a loved one was harmed by a provider’s negligence, contact us for a confidential, no-obligation consultation. We will evaluate your case, explain your options, and act quickly to protect your rights. Request your free consultation.

Sources

• Texas Civil Practice and Remedies Code, Chapter 74 (Health Care Liability) (accessed Nov. 5, 2025)
• Texas Civil Practice and Remedies Code, Chapter 16 (Limitations) (accessed Nov. 5, 2025)
• Texas Civil Practice and Remedies Code, Chapter 41 (Damages) (accessed Nov. 5, 2025)

Disclaimer (Texas): This post is for general informational purposes only and is not legal advice. Laws change and outcomes depend on specific facts. Reading this post does not create an attorney-client relationship. Consult a licensed Texas attorney about your situation.