When you walk into a hospital or doctor’s office, you trust that the care you receive will help you. But when that trust is broken, and medical negligence leads to life-altering injury or death, you need more than answers. You need experienced legal representation that knows how to hold healthcare providers accountable.
At Van Wey & Metzler, we are a boutique medical malpractice law firm based in Texas, focused exclusively on high-stakes malpractice and birth injury cases. We are one of the few law firms in the country that specializes exclusively in this complex area of the law.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in serious injury, permanent disability, or death. It can happen in hospitals, surgical centers, emergency rooms, or even during routine outpatient visits.
If you’re unsure whether what happened to you or your loved one qualifies as malpractice, we’re here to listen—and help you find answers.
Texas law allows claims against a wide range of healthcare providers and institutions, including:
If a provider or institution caused harm through avoidable errors, you have the right to pursue justice.
Filing a medical malpractice lawsuit in Texas requires navigating several legal requirements. Understanding the steps is critical to handling your claim successfully and offers the best chance of reaching a favorable outcome.
In most cases, you must file a lawsuit within 2 years of the date of the negligent act or the end of treatment. Some exceptions apply, especially for minors or cases involving delayed discovery of injury. (link to SOL page)
Below are additional considerations for the timeframe:
Discovery Rule: The Discovery Rule can apply if an injury isn’t immediately apparent. For instance, a surgical instrument left inside a patient might not cause noticeable issues until months later. In these scenarios, the statute of limitations begins on the day of discovery.
Minors: In Texas, medical malpractice claims involving minors have a unique statute of limitations. For minors under the age of 12, the statute of limitations is extended until their 14th birthday. For minors aged 12 and older, the standard two-year statute of limitations applies, starting from the date of the incident or the date the injury was discovered.
In addition, Texas law also provides that a claim for a minor’s medical expenses before the minor turns age 18 belongs to the minor’s parents. This claim, which can be significant, is subject to the general two year statute of limitations.
Statute of Repose: There is an absolute 10-year statute of repose for medical malpractice claims in Texas, meaning no claim can be brought more than 10 years after the incident, regardless of when the injury was discovered.
Tolling Exceptions: In certain situations, such as a healthcare provider fraudulently concealing an injury, the statute of limitations may be “tolled” or paused.
Government hospital or government employee: Cases involving government entities or employees have additional requirements, such as a six month deadline for filing notices of claim.
Texas requires a qualified medical expert report to be filed within 120 days after filing suit. This report must detail how the provider violated the standard of care and how that caused the injury.
Failure to comply may result in your case being dismissed—even if the claim has merit.
Non-economic damages: Texas caps non-economic damages (pain, suffering, emotional distress):
Economic damages: There is no cap on economic damages like lost income, medical bills, or long-term care costs.Punitive Damages: Punishment damages can be awarded in rare cases of apparent and proven willful or intentional misconduct.
The burden of proof lies with the plaintiff to succeed in a medical malpractice claim. You must establish the following to prove negligence:
Standard of Care: First, you must show that the healthcare provider failed to meet the accepted standards of care – the level of competence expected from a reasonably skilled professional in the same specialty and under the same or similar circumstances.
Breach of Duty: You then must demonstrate that the provider deviated from the standard of care through either their actions or negligence.
Causation: Clear evidence must show that the breach of duty directly caused your injury. Establishing this link often requires expert medical testimony.
Damages: Lastly, you must prove that you suffered quantifiable damages from your injury, like additional medical expenses, lost wages, or pain and suffering.
Adequate preparation is essential before filing a complaint. Ensure you prepare the following to strengthen your case:
Collect Evidence: Gather relevant documents, like medical records, prescriptions, bills, and correspondence with the healthcare provider.
Secure Expert Witness Opinion: Identify and secure medical experts who strongly believe in the merits of the case and can testify to the standard of care and causation.
Document Damages: Keep detailed records of the injury’s impact on your life, such as physical, emotional, and financial effects.
In Texas, a pre-suit notice requirement mandates that claimants provide written notice to the healthcare provider(s) at least 60 days before filing a lawsuit. This notice must be sent via certified mail and include a specific authorization form for the release of protected health information
Once you’ve gathered evidence, the process of filing a lawsuit begins, which includes drafting a petition with the following items:
The litigation process formally begins after the claim is filed and served on the opposing party. It may include discovery, depositions, and attempts to settle before initiating a trial.
Defendants typically have 20 days after the initial filing to submit an Answer, which may include admissions or denials in addition to affirmative defenses or counterclaims.
The discovery phase is critical in building a solid case, as it allows both parties to gather evidence. Discovery methods include:
Interrogatories: Interrogatories are written questions from one party to the other that require detailed written responses under oath.
Requests for Documents: Potential requests can include medical records, communications, policies and procedures, audit trails, billing information, and other relevant documents.
Depositions: In a deposition, witnesses, such as the plaintiff, defendant, and medical experts, provide sworn testimony, often in an attorney’s office, which a court reporter records.
Expert Discovery: Once fact discovery is completed, medical experts review documents and transcripts provide expert opinions via reports and depositions supporting or refuting negligence claims.
Discovery is meticulous and time-intensive, as both sides analyze evidence to strengthen their positions and anticipate arguments.
Most Texas courts required the parties to mediate medical malpractice cases before proceeding to trial. A mediation, typically facilitated by a court-appointed mediator, allows the parties to:
Settlements often provide quicker resolutions and allow both parties to maintain more control over the outcome. If the parties reach an agreement, they can avoid trial entirely. Even partial settlements can reduce the number of disputes that proceed to trial.
If the parties are unable to resolve, the case advances to trial, which includes the following stages:
Opening Statements: Each party presents an overview of their case to the jury or a judge, setting the stage for upcoming evidence.
Presentation of Evidence: The plaintiff calls witnesses and first submits evidence like medical records, photographs, and expert testimony. The defense then challenges the plaintiff’s claims and presents alternative evidence.
Cross-Examination: Both sides can question the other’s witnesses and experts to identify inconsistencies or weaknesses in testimony.
Closing Arguments: Lastly, attorneys summarize the evidence and attempt to persuade the jury or judge to rule in their favor.
Verdict: Civil trials in Texas require agreement among 10 of 12 jurors (5 of 6 in County Court) to reach a verdict. The trier of fact (usually a jury) determines liability and awards damages if the plaintiff is successful.
If the losing party finds the verdict unfavorable, they may file an appeal to a higher court. Appeals focus on legal errors or procedural issues during the trial rather than opportunities to present new evidence. The process includes:
The appellate court will review the trial record and uphold, reverse, or remand the case for further proceedings. Appeals can add months or even years to the overall process.
We fight to maximize the value of your claim—not just for justice, but to ensure long-term care and security.
We’re not a settlement mill. We’re trial lawyers who specialize exclusively in serious, high-damage medical malpractice and birth injury cases. We handle fewer cases by design so we can dedicate the time and resources each one deserves.
We’ve helped families across Texas and throughout the country hold powerful institutions accountable. We’re ready to do the same for you.
There’s no cost to speak with us, and no fee unless we win.
When you become our client, you become part of the Van Wey & Metzler family, and you receive responsive communication and support throughout your case.
We represent clients from all across the United States. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation.
