Texas Medical Malpractice
When Texas doctors, hospitals, or nurses fall below the accepted standard of care, the consequences can be permanent. Texas medical-malpractice cases face strict procedural hurdles, including a requirement to serve a detailed expert report within 120 days of the defendant's answer. Failing to do so can result in dismissal.
Texas Fault and Compensation Rules
Texas also caps non-economic damages in these cases — generally 250,000 dollars against physicians, with separate caps for institutions — while economic damages such as medical costs and lost earnings are not capped. These cases demand experienced counsel and medical experts. Texas follows modified comparative fault (proportionate responsibility) under Chapter 33, so you can recover as long as you are not more than 51% at fault, with your award reduced by your share.
What Compensation May Be Available
A Texas claim can include current and future medical expenses, lost wages and reduced earning capacity, and non-economic damages such as pain, suffering, disfigurement, and loss of enjoyment of life. Texas does not cap compensatory damages in most injury cases, so a serious, well-documented claim is not artificially limited.
Protecting Your Claim
Seek medical care promptly, preserve evidence, and avoid recorded statements to the other side's insurer before getting advice. Texas's statute of limitations is generally two years from the date of injury under Civil Practice and Remedies Code § 16.003, and claims against a government entity carry much shorter notice deadlines under the texas tort claims act — sometimes as little as 45 to 90 days under a city charter, so it is important to act quickly.
Injured in Texas? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Nothing upfront. Our network attorneys work on contingency, so you pay no fee unless they recover compensation for you. The case review is always free.
Generally two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003. Claims against a government entity can have much shorter notice deadlines, so it is important to act quickly.
Texas uses modified comparative fault. As long as you are not more than 51% responsible, you can still recover, with your award reduced by your percentage of fault. Don't assume you have no case.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.