Texas Medical Malpractice: Fight Hospital Negligence Now

What Is Hospital Negligence in Texas?

Hospital negligence occurs when a hospital or its staff fails to meet the accepted standard of medical care and that failure causes patient harm. Common issues include medication errors, surgical mistakes, misdiagnosis or delayed diagnosis, failures in monitoring or escalation of care, improper staffing or credentialing, and inadequate infection control. In Texas, hospitals can be responsible for their own institutional failures and, in some situations, for the actions of employed healthcare professionals. Texas law defines a health care liability claim to include departures from accepted standards of medical care, health care, or safety, or professional or administrative services directly related to health care, that proximately cause injury. See Tex. Civ. Prac. & Rem. Code § 74.001(13).

How Texas Law Frames Medical Malpractice

Texas treats hospital negligence claims as health care liability claims. To prevail, a plaintiff generally must prove that the provider or facility departed from accepted standards and that the departure caused injury. See § 74.001(13). Expert testimony is typically required to establish the standard of care, breach, and causation. See, e.g., § 74.351 (expert report requirement) and § 74.401/§ 74.402 (expert qualifications).

Notice, Expert Reports, and Early Case Requirements

• Pre-suit notice: Before filing, a claimant must give each health care defendant written notice at least 60 days in advance and include a HIPAA-compliant authorization for release of health information. Notice tolls limitations for 75 days as to that defendant. See § 74.051 and § 74.052.
• Expert report: After suit is filed, the plaintiff must serve an expert report and curriculum vitae on each defendant no later than the 120th day after that defendant’s original answer. Failure can result in dismissal with prejudice and attorney’s fees. The report must provide a fair summary of the applicable standards of care, the manner in which they were breached, and the causal relationship to the injury. See § 74.351(a)-(b), (r)(6).
• Expert qualifications: Experts must meet statutory qualification requirements depending on the issues addressed. See § 74.401 and § 74.402.

These steps are deadline-driven—consult counsel promptly to protect your claim.

Damages and Limitations

Recoverable damages in a successful case may include economic losses (such as additional medical costs and lost income) and noneconomic harms (such as pain and suffering). Texas law limits noneconomic damages in health care liability cases. Generally, noneconomic damages are capped at: (1) up to $250,000 against all physicians and health care providers combined, and (2) up to $250,000 against each health care institution, with a maximum of two institutions (for a potential overall noneconomic cap of $750,000). See § 74.301. In wrongful death health care liability cases, separate statutory limitations apply. See § 74.303. Different caps may apply if a governmental hospital or unit is involved under the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code § 101.023.

Deadlines Can Be Short—Act Promptly

Strict filing deadlines apply. Generally, a health care liability claim must be filed within two years, subject to rules for when that period begins and a statute of repose that can bar claims more than 10 years after the alleged act or omission; special provisions apply for minors under 12. See § 74.251. Deadlines can differ for wrongful-death and survival claims. See, e.g., § 16.003. Because the exact deadlines vary based on the facts and parties, consult an attorney promptly so evidence can be preserved and filings are timely.

Building a Strong Hospital Negligence Case

Your legal team may:

• Collect medical records, hospital policies, and incident documentation.
• Interview witnesses and relevant staff.
• Retain qualified medical experts to analyze the standard of care, breach, and causation.
• Assess credentialing, staffing, and systemic issues.
• Calculate economic losses.
• Preserve evidence such as device logs, medication administration records, and imaging.

What To Do After Suspected Hospital Negligence

• Seek necessary medical care immediately.
• Request complete copies of your medical records.
• Keep a timeline of events, symptoms, and conversations.
• Preserve physical evidence, medication containers, and discharge materials.
• Avoid discussing the event with insurers before speaking to counsel.
• Contact a Texas medical malpractice attorney to evaluate your rights and deadlines.

FAQ

Do I sue the hospital or the doctor?

It depends on employment relationships and the facts. You may have claims against the hospital for institutional negligence and against individual providers. An attorney can identify proper defendants.

What if the hospital is a governmental unit?

Special notice rules and damage limits may apply under the Texas Tort Claims Act. Deadlines can be shorter and caps lower.

Will I need an expert?

Yes. Texas requires expert reports early in the case addressing standard of care, breach, and causation.

How long do these cases take?

Many cases take 12–24 months or longer, depending on complexity, discovery, and court schedules.

What does it cost to hire a lawyer?

Many Texas malpractice attorneys work on contingency, advancing case costs and collecting fees only if there is a recovery.

We’re Ready to Help

If you or a loved one suffered harm after treatment at a Texas hospital, contact our team for a free, confidential consultation. We will review your records, explain your options, and outline next steps.

Disclaimer: This post is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Texas laws change, outcomes depend on specific facts, and deadlines vary. Consult a licensed Texas attorney about your situation.