Why Is It So Hard to Find a Lawyer in Texas to Take My Medical Malpractice Case?
If you or a loved one has been the victim of medical negligence in Texas, you may find yourself shocked and confused by a common experience: no lawyer will take your case.
You know something went horribly wrong. A trusted doctor made a preventable error. A hospital failed to act. The damage is permanent. Yet law firms keep telling you: “We can’t help.”
It’s not because your story doesn’t matter.
It’s not because we don’t care.
It’s because the law has been rigged against you.
At Van Wey, Metzler & Williams, we want to tell you the truth about why it’s so hard to find a medical malpractice lawyer in Texas—and why that needs to change.
The Real Villains: Politicians and Insurance Companies
Over the last few decades, Texas lawmakers—under pressure from corporate healthcare and insurance giants—have created some of the most restrictive medical malpractice laws in the country. Under the guise of “tort reform,” they’ve made it harder for victims to seek justice and easier for negligent providers to escape accountability.
These laws weren’t written to protect patients. They were written to protect profits.
1. Why Can’t I Get a Law Firm to Take My Case?
Medical malpractice is one of the most expensive, complex, and time-intensive types of personal injury litigation. Reputable firms that specialize in this work must invest hundreds of hours and tens of thousands of dollars in every single case—before it even reaches a courtroom.
In a functioning system, those investments would be rewarded when a negligent provider is held accountable and the injured patient receives full and fair compensation.
But in Texas, that’s not how it works.
Due to tort reform laws, artificial caps on damages, and barriers like mandatory expert reports before discovery, many legitimate cases simply can’t be pursued. If the potential recovery is too limited—due to capped damages or minimal insurance coverage—it becomes nearly impossible for a law firm or a family to shoulder the financial risk.
That’s not a failure of law firms. That’s a failure of the law.
2. What Did Texas Tort Reform Actually Do?
In 2003, Texas passed House Bill 4, the so-called Medical Malpractice and Tort Reform Act. Politicians promised it would reduce frivolous lawsuits, bring down healthcare costs, and make Texas more attractive to doctors.
Instead, it:
- Capped noneconomic damages at $250,000 per provider (with no cost-of-living adjustment, ever).
- Required costly expert reports early in the process—before discovery can even begin.
- Granted near-immunity to ER doctors and public hospitals.
- Locked countless victims out of court.
Since then:
- Claims have dropped by nearly two-thirds.
- Texas still ranks 41st in the nation for physicians per capita.
- And healthcare costs? They haven’t gone down.
The result? Less accountability for negligent providers, and more injured Texans forced to rely on Medicaid, Medicare, or their life savings to pay for the damage.
3. Why Is It So Expensive to Bring a Case?
Medical malpractice litigation requires expert medical testimony—from highly credentialed doctors who charge thousands of dollars just to review records. Most cases demand multiple experts from different specialties, each paid hourly for their time.
And under Texas law, plaintiffs must obtain detailed expert reports before they can conduct discovery. That means we must build an entire case before we even get access to key documents, testimony, or hospital policies. This is a massive financial burden—especially if the case won’t result in sufficient recovery due to legal caps or low insurance coverage.
4. Why Do Most Texas Doctors Only Carry $200,000 in Insurance?
This is one of the biggest—and least discussed—barriers to justice in our state.
Many doctors in Texas carry only $200,000 in malpractice insurance, and most hospitals don’t require them to carry more, even though they could. That means:
- If the doctor was the only party at fault, $200K is all that’s available.
- If your child needs lifelong care or a loved one dies, that amount won’t begin to cover your losses.
- In many cases, this leaves clients and firms with no viable financial path forward.
5. Why Is Liability So Hard to Prove in Medical Malpractice Cases?
A poor outcome isn’t always the result of negligence. In a Texas medical malpractice case, you must prove:
- The provider deviated from the standard of care, and
- That deviation directly caused the harm.
That sounds simple—but it isn’t.
These cases are:
- Heavily reliant on expert medical testimony
- Full of “grey areas” in treatment decisions
- Often defended by hospitals with deep pockets and extensive legal teams
Even when harm is undeniable, proving it legally—under Texas’ strict standards—is an uphill battle.
6. But I’m Still Within the Statute of Limitations…
In Texas, the statute of limitations for most medical malpractice cases is two years from the date of injury. But even that is deceiving.
Reputable firms begin thorough investigations well before a lawsuit is filed—collecting records, analyzing literature, and consulting experts to ensure the case is viable. This process can take months, and if you come to a firm with less than a year left on the clock, it may not be possible to move quickly enough to meet the expert report deadlines after filing.
This isn’t about whether we want to help. It’s about whether we’re legally able to.
7. What’s the Result of All This?
Because of Texas’ unique combination of:
- Damage caps,
- Mandatory expert hurdles,
- Low insurance minimums, and
- Years of court decisions favoring defendants,
Thousands of legitimate victims will never get justice.
They’ll never tell their story in court.
They’ll never see accountability.
They’ll never be made whole.
A System in Need of Change
Tort reform was sold as a fix for healthcare. Instead, it became a shield for negligence and a barrier to justice.
It has:
- Reduced accountability for bad providers
- Left families devastated and uncompensated
- Failed to reduce insurance costs or attract more doctors
- Made it nearly impossible for law firms to help the very people who need them most
Until this system is dismantled, medical negligence in Texas will continue to harm patients—without consequence.
What Can You Do?
- Educate Yourself – Understand how laws like SB 30 and HB 4806 would make things even worse.
- Speak Out – Contact your lawmakers and demand patient-centered reform.
- Share Your Story – Real voices matter. Yours can make a difference.
- Support Reform Groups – Join forces with organizations like Texas Watch who are fighting back.
- Talk to Us – Even if we can’t take your case, we’ll listen. We’ll explain your options. We’ll stand with you.
We’re Still Fighting—For You
At Van Wey, Metzler & Williams, we’ve built our careers standing up to powerful hospitals, insurance companies, and government institutions. We do it because patients deserve better.
If you’ve been told “no,” don’t give up. You’re not alone—and you’re not to blame. This system is broken, but together, we can work to fix it.
Because when medical professionals fail, we’re here to help you prevail.
