Texas Injury Help: Hospital and Nursing Negligence Claims
A practical guide to Texas hospital and nursing negligence claims: what they are, how to prove them, key deadlines, expert-report requirements, and damages caps.
- Most such cases are treated as health care liability claims under Texas law, with early expert-report requirements. See CPRC Chapter 74.
- Texas caps certain non-economic damages; limits can differ for individual providers and institutions. See CPRC §74.301; additional limits may apply in wrongful-death claims (§74.303).
- Missing the expert-report deadline can lead to dismissal. See CPRC §74.351.
Speak with a Texas attorney to protect your rights and deadlines.
What Is Hospital or Nursing Negligence in Texas?
Hospital and nursing negligence generally refers to a failure by a hospital, nurse, or other health care provider to meet the accepted standard of care, resulting in patient injury. Common issues include medication errors, failure to monitor, preventable falls, delays in treatment, improper wound care and infection control, failure to escalate concerns to a physician, negligent staffing or supervision, and unsafe administrative policies. In Texas, these claims are typically treated as health care liability claims with specific procedural rules. See CPRC Chapter 74.
Who Can Be Held Responsible
Potential defendants may include hospitals and hospital systems, nursing staff, charge nurses, physicians and advanced practice providers, and third-party staffing or management companies. Claims often involve conduct within specific units or departments, but those units are usually part of the hospital entity rather than separate legal defendants.
Proving Negligence
Texas health care liability claims generally require proof that: (1) the provider owed a duty of care; (2) the provider breached the applicable standard of care; (3) the breach caused injury; and (4) damages resulted. Expert testimony is ordinarily needed to establish the standard of care, breach, and causation in medical settings. See CPRC Chapter 74.
Expert Report Requirement
Texas law requires service of a qualified expert report early in the case that fairly summarizes the applicable standard of care, how it was breached, and how the breach caused injury. The deadline is generally 120 days after each defendant files its original answer. Failure to timely serve an adequate report can result in dismissal, though courts may allow a limited opportunity to cure deficiencies. See CPRC §74.351.
Evidence to Preserve Right Away
- Request copies of medical records and billing.
- Document medications administered and any adverse reactions.
- Keep a journal of symptoms, conversations, and changes in condition.
- Photograph visible injuries, equipment setups, room conditions, and fall hazards.
- Save discharge instructions and follow-up orders.
- Identify witnesses (family, visitors, staff names on badges).
- Send preservation letters to facilities to prevent deletion of surveillance video or electronic record audit trails.
Common Defenses in Hospital and Nursing Cases
Defendants may argue that an injury was a known complication, that the patient’s underlying condition caused the harm, or that staff followed physician orders and accepted practices. Hospitals sometimes contend certain providers were independent contractors. Accurate timelines, complete records, and expert analysis are crucial to address these defenses.
Damages in Texas Health Care Liability Claims
Available damages can include medical expenses, lost income and earning capacity, and non-economic losses such as pain, mental anguish, and physical impairment.
- Non-economic damages caps. Texas law limits certain non-economic damages in health care liability claims: up to $250,000 per claimant against all physicians and health care providers; up to $250,000 per claimant against a single health care institution; and if more than one institution is liable, no more than $250,000 per institution and $500,000 total against all institutions. See CPRC §74.301. Additional statutory limits may apply in wrongful-death cases. See CPRC §74.303.
- Exemplary (punitive) damages. These require clear and convincing evidence of malice, fraud, or gross negligence and are subject to the standards and caps in CPRC Chapter 41 (see §§41.003, 41.008).
Steps to Take If You Suspect Negligence
- Seek appropriate medical evaluation and follow-up care.
- Obtain and secure your medical records promptly.
- Document everything you remember, including dates, times, names, and conversations.
- Avoid posting details on social media.
- Consult a Texas attorney experienced in hospital and nursing negligence to evaluate the claim, manage deadlines, and coordinate experts.
Why Texas Procedure Matters
Texas health care liability cases are governed by specific statutes addressing expert reports, notice practices, and damages caps. Early legal guidance is important to navigate these requirements, identify responsible parties, and ensure compliance. Key procedures include:
- Pre-suit notice and authorization. Claimants must provide written notice before filing suit and include a statutory authorization form. See CPRC §§74.051–74.052.
- Limitations and repose. Health care liability claims are subject to specific limitation and repose periods, with limited tolling exceptions. See CPRC §74.251.
- Expert report deadline. Generally 120 days after each defendant’s original answer. See CPRC §74.351.
Practical Tips
- Ask for a copy of the full medication administration record and vitals trend before discharge when possible.
- Write down badge names and roles; photograph whiteboards showing staffing assignments if permitted.
- Request the facility’s fall-prevention or wound-care policy if an incident involves those issues.
- Track out-of-pocket costs and time missed from work to document damages.
Checklist: First 14 Days
- Get follow-up medical care and comply with instructions.
- Request medical records, bills, and itemized statements.
- Secure photos of injuries, equipment, and room conditions.
- List witnesses and contact info.
- Start a symptom and pain journal.
- Send a preservation letter to the facility for videos and audit logs.
- Consult a Texas attorney about notice, limitations, and expert-report timelines.
FAQ
How long do I have to file a Texas health care liability claim?
Limitations rules can be complex, but many claims must be filed within two years, subject to statutory specifics and limited exceptions. Consult counsel promptly to confirm your deadline.
Do I need an expert to file?
You can file without one, but you will generally need to serve a compliant expert report within 120 days after each defendant’s original answer or risk dismissal.
Are nurses and hospitals both covered by the damages cap?
Yes. Individual providers and institutions are treated separately for certain non-economic damage limits under Texas law.
What if the hospital says the nurse was an independent contractor?
Liability depends on the facts and legal relationships. Your attorney will analyze contracts, policies, and control to identify proper defendants.
Will my case go to trial?
Many cases resolve before trial, but preparation with experts and records is essential for negotiation and courtroom success.
How Our Firm Can Help
We investigate quickly, obtain and analyze medical records, consult qualified nursing and medical experts, and build a clear chronology of care. We identify systemic and individual failures, address causation with evidence-based analysis, and prepare your case for negotiation or trial.
Contact us for a free, confidential consultation.
Key Texas statutes and resources
- Texas Civil Practice and Remedies Code, Chapter 74 (Health Care Liability) (definitions; notice; expert reports; limitations; damages caps).
- Texas Civil Practice and Remedies Code, Chapter 41 (Damages) (exemplary damages standards and caps).
Texas-specific disclaimer: This information concerns Texas law and is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws and deadlines can change and vary by case—consult a licensed Texas attorney about your situation.