Your Guide to Medical Negligence Laws in Texas
Understanding Medical Malpractice in Texas
When medical professionals fail to meet the standard of care, their mistakes can lead to catastrophic injuries, lifelong disabilities, or even death. In Texas, medical malpractice claims are subject to specific laws, including strict filing deadlines and caps on damages. Understanding the legal complexities of medical negligence laws in Texas is crucial for anyone considering a malpractice lawsuit.
At Van Wey, Metzler & Williams, we focus exclusively on catastrophic medical malpractice and birth injury cases. We understand the unique challenges of Texas malpractice laws and are committed to fighting for the justice and compensation our clients deserve.
What Is Considered Medical Malpractice in Texas?
Medical malpractice occurs when a healthcare provider’s negligence leads to preventable harm. Some of the most common types of malpractice include:
✔️ Failure to diagnose serious conditions (e.g., cancer, stroke, heart attack)
✔️ Surgical errors (e.g., operating on the wrong body part, leaving instruments inside a patient)
✔️ Birth injuries (e.g., delayed C-section, improper fetal monitoring)
✔️ Medication mistakes (e.g., incorrect dosage, allergic reactions)
✔️ Anesthesia errors (e.g., failure to monitor oxygen levels)
How Medical Negligence Laws in Texas Work
Q: How long do I have to file a malpractice lawsuit in Texas?
A: In most cases, Texas law gives you two years from the date of injury to file a claim. However, exceptions apply for minors and cases where the negligence wasn’t immediately discoverable.
Q: What types of damages can I recover in Texas?
A: Texas law allows victims to recover:
✔️ Economic damages – Medical bills, lost wages, and future care costs
✔️ Non-economic damages – Pain, suffering, and emotional distress (capped at $250,000 per defendant, up to $750,000 total)
✔️ Punitive damages – Available in rare cases of gross negligence
Q: Do I need expert testimony for my case?
A: Yes. Texas law requires a medical expert report within 120 days of filing your lawsuit. If you fail to provide this, your case may be dismissed. At Van Wey, Metzler & Williams, we work with top medical experts to build a compelling case for our clients.
Why Medical Malpractice Cases Are Difficult in Texas
Texas medical malpractice laws favor healthcare providers—not patients. State-imposed caps on non-economic damages and strict procedural rules make these cases challenging to win without experienced legal representation.
At Van Wey, Metzler & Williams, we have a proven track record of holding negligent doctors and hospitals accountable. With our extensive trial experience and exclusive focus on medical malpractice, we fight tirelessly for justice on behalf of injured patients and their families.
If you or a loved one has been harmed by medical negligence in Texas, don’t wait. Contact our trusted legal team for a free consultation, and let us help you understand your legal options.
