Misdiagnosis and Delayed Diagnosis Lawyer in Texas

What should I do first if I suspect a misdiagnosis? Request your complete medical records and preserve any test results or imaging. Seek a second medical opinion to document the correct diagnosis and how treatment differed from what you received. Early action helps preserve evidence and determines whether a legal claim is appropriate.

Texas has time limits, known as statutes of limitations, that generally require filing within two years from the date you discovered the injury or when it reasonably should have been discovered. Special rules can apply depending on the circumstances, so prompt consultation is important to avoid missing deadlines and losing the right to pursue a claim.

Victims may recover economic damages such as past and future medical expenses and lost wages, as well as non-economic damages for pain and suffering or loss of enjoyment of life. In certain cases, punitive damages may be available when the provider’s conduct was especially negligent, subject to Texas legal limits and requirements.

Many claims resolve through settlement negotiations with insurers or providers without a trial, but settlement depends on the strength of the evidence and willingness to agree on a fair amount. If settlement cannot secure appropriate compensation, filing a lawsuit and proceeding to trial may be necessary to protect your rights.

Medical records are foundational and often reveal timelines, test results, and provider notes that support a claim, but they usually must be supplemented by medical review and testimony linking the breach to harm. A detailed review by a qualified reviewer can strengthen legal arguments and clarify whether the records support a viable claim.

Case duration varies widely depending on complexity, the need for expert opinions, and whether the matter settles. Some claims conclude in months, while contested cases that proceed to trial can take years. We work to move cases efficiently while ensuring thorough development of evidence to maximize recovery potential.

Denial is common. We respond by gathering additional evidence, obtaining medical opinions, and using discovery tools to develop the record and challenge defenses. A methodical legal approach can uncover facts that support liability and demonstrate the link between the provider’s conduct and your injury.

Many personal injury firms, including ours, operate on a contingency fee basis for medical negligence cases, meaning legal fees are a percentage of recovery and clients do not pay upfront attorney fees. There may be case-related expenses for records and expert reviews, which are typically advanced by the firm and reimbursed from settlement or judgment.

Yes. Claims can involve hospitals, individual physicians, radiologists, or other medical staff when their combined actions or failures contributed to harm. Identifying all responsible parties requires careful review of records and communication across care settings to establish who had responsibility at each stage.

Family members should seek immediate legal counsel to preserve evidence and understand potential wrongful death claims under Texas law, which can provide compensation for funeral costs, loss of support, and mental anguish. A wrongful death claim involves different procedural and evidentiary issues than a survival claim, so timely legal guidance is important to protect the family’s rights.