When you place your trust in a doctor, surgeon, or medical facility, you expect competent and attentive care. Unfortunately, medical errors happen far more often than most people realize — and when they do, the results can be catastrophic. At Francis Injury, our attorneys represent victims of medical malpractice throughout Texas, helping families recover compensation when negligent healthcare providers cause harm.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional — such as a doctor, nurse, hospital, or clinic — fails to meet the accepted standard of care and that failure causes injury or death to a patient. The “standard of care” refers to what a reasonably prudent provider would have done under the same or similar circumstances.
Not every bad medical outcome constitutes malpractice. To succeed in a claim, a patient must prove that the provider’s negligence directly led to the harm suffered. This requires medical evidence, expert testimony, and a clear understanding of complex healthcare procedures — which is why hiring an experienced malpractice attorney is essential.
Common Examples of Medical Malpractice
Medical malpractice can take many forms, but most cases fall into a few broad categories. Understanding these examples can help you recognize whether your situation may involve negligence.
1. Misdiagnosis or Delayed Diagnosis
One of the most common forms of malpractice occurs when a doctor fails to diagnose a serious condition in time to prevent harm. Misdiagnosing cancer, stroke, or heart disease can rob patients of life-saving treatment opportunities. Delayed diagnoses often lead to more advanced illness, unnecessary suffering, or even death.
2. Surgical Errors
Operating room mistakes are among the most serious medical errors. These may include wrong-site surgery, leaving surgical tools inside the body, accidental organ punctures, or performing unnecessary procedures. Such errors can lead to infections, prolonged recovery, and permanent disability.
3. Birth Injuries
When doctors or nurses fail to monitor fetal distress or use delivery tools improperly, infants can suffer severe birth injuries such as cerebral palsy, Erb’s palsy, or brain damage due to oxygen deprivation. Mothers may also be harmed if labor is mismanaged or warning signs are ignored.
4. Medication Errors
Medication mistakes can occur in hospitals, pharmacies, or doctor’s offices. Prescribing the wrong medication, administering the wrong dosage, or failing to recognize dangerous drug interactions are all examples of malpractice that can have deadly consequences.
5. Anesthesia Errors
Anesthesiologists must carefully monitor a patient’s vital signs throughout a procedure. Giving too much anesthesia, failing to recognize allergic reactions, or neglecting to intubate properly can cause catastrophic injury or death.
6. Hospital Negligence
Hospitals can be held liable for inadequate staffing, poor sanitation, negligent hiring, or lack of proper supervision. Infections, falls, and improper discharge are often the result of systemic failures rather than individual mistakes.
How Do You Prove Medical Malpractice in Texas?
Texas has strict requirements for filing and proving a medical malpractice claim. To recover compensation, you and your attorney must establish four key elements:
1. Duty of Care
The healthcare provider owed you a duty of care — meaning a doctor-patient relationship existed and they were responsible for your treatment.
2. Breach of Duty
The provider breached that duty by acting (or failing to act) in a way that deviated from the accepted medical standard of care.
3. Causation
You must prove that this breach directly caused your injury or worsened your condition. In other words, you would not have been harmed if the provider had met their professional duty.
4. Damages
You must demonstrate measurable harm — such as medical bills, lost wages, pain and suffering, disability, or loss of quality of life.
In Texas, medical malpractice cases also require an expert report — a written statement from a qualified medical expert explaining how the defendant’s actions constituted negligence. This report must be filed early in the process, making timing and preparation critical.
Texas Laws Governing Medical Malpractice
Texas law imposes specific rules and limitations on medical malpractice claims. Understanding these regulations helps ensure your rights are protected from the start.
Statute of Limitations
In most cases, you must file a medical malpractice lawsuit within two years of the date of the negligent act or the end of treatment. There are limited exceptions for minors or cases where the injury was not immediately discoverable. However, missing this deadline can permanently bar your claim.
Damage Caps
Texas law caps the amount of non-economic damages — such as pain and suffering or emotional distress — that can be recovered in medical malpractice cases. As of this writing, the cap is $250,000 against a single healthcare provider and $500,000 total for multiple defendants. Economic damages like lost income and medical expenses are not capped.
Comparative Negligence
Texas follows a “modified comparative negligence” rule. If you are found partially responsible for your injuries, your compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages.
What Damages Can Be Recovered?
A successful medical malpractice claim can compensate you for both economic and non-economic losses. These may include:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium (impact on family relationships)
- Permanent disability or disfigurement
- Wrongful death damages for surviving family members
Every case is unique. The total value of a claim depends on the severity of the injury, the cost of ongoing care, and the strength of the evidence presented.
How Francis Injury Can Help
Medical malpractice cases require legal expertise, financial resources, and the ability to navigate complex medical systems. At Francis Injury, our attorneys bring decades of experience handling catastrophic injury and medical negligence claims across Texas. We work with top medical experts to uncover evidence, build strong cases, and hold negligent providers accountable.
Our Process Includes:
- Thorough review of medical records and diagnostic data
- Consultation with independent specialists
- Detailed timeline reconstruction of treatment and errors
- Calculating full financial and emotional impact of your injuries
- Negotiating aggressively with insurers and hospital defense teams
- Taking your case to trial if necessary to secure justice
Why Choose Francis Injury?
Choosing the right attorney can make all the difference in your recovery. Our law firm has built a reputation for fearless advocacy, exceptional case results, and client-centered representation.
Experience and Results
Our founding attorney, Michael Francis, is a respected Texas trial lawyer known for handling complex injury and malpractice cases. We’ve secured millions in settlements and verdicts for victims across the state.
No Fees Unless We Win
Francis Injury operates on a contingency-fee basis. You pay nothing unless we win your case. This allows clients to pursue justice without financial risk.
Personalized Legal Attention
We treat every case as unique. Our team keeps you informed at every stage, answers your questions, and provides compassionate guidance while fighting aggressively on your behalf.
Steps to Take After Suspected Medical Malpractice
1. Get a Second Medical Opinion
If you suspect that something went wrong with your care, seek immediate evaluation from another qualified physician. Document their findings carefully.
2. Preserve Medical Records and Evidence
Request copies of all medical records, prescriptions, test results, and discharge papers. This information forms the foundation of your claim.
3. Avoid Contact with Insurance Adjusters
Hospitals and insurers may contact you early to discuss your case. Do not sign anything or give statements without legal counsel — even seemingly friendly conversations can be used against you later.
4. Contact a Texas Medical Malpractice Lawyer
Time is critical. The sooner you speak with an attorney at Francis Injury, the faster we can secure evidence, consult experts, and file the required documentation before deadlines expire.
Medical Malpractice and Wrongful Death
When medical negligence results in death, surviving family members may pursue a wrongful death claim. Compensation may include funeral costs, loss of income, loss of companionship, and emotional suffering. Our attorneys handle these cases with sensitivity and determination, ensuring families receive the justice they deserve.
Protecting Patients and Preventing Future Negligence
Beyond financial recovery, malpractice lawsuits play a vital role in promoting accountability within the healthcare system. Holding negligent providers responsible forces hospitals and medical institutions to improve safety protocols, training, and oversight — ultimately protecting future patients from similar harm.
Contact a Texas Medical Malpractice Lawyer Today
If you or someone you love has been harmed by medical negligence, you don’t have to face the aftermath alone. At Francis Injury, we stand up for victims and families against powerful healthcare institutions. Our team has the experience, dedication, and courtroom skill to help you recover the compensation you deserve.
Injured by Medical Negligence in Texas?
You deserve justice. The attorneys at Francis Injury hold negligent doctors, hospitals, and medical providers accountable for the harm they cause. Let our experienced team review your case and fight for full compensation.
Frequently Asked Questions About Medical Malpractice in Texas
What qualifies as medical malpractice in Texas?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and their negligence directly causes harm to a patient. This can involve errors in diagnosis, surgical mistakes, medication errors, anesthesia problems, or neglect in a hospital or nursing home setting. To qualify as malpractice, the conduct must be more than a simple mistake — it must deviate from what a competent provider would have done under similar circumstances.
How do I know if I have a valid medical malpractice claim?
If you experienced unexpected complications, worsening of your condition, or permanent injury after receiving medical care, it’s important to have your case reviewed by an experienced malpractice attorney. A lawyer can evaluate your medical records, consult expert witnesses, and determine whether the provider’s actions breached the standard of care. Most valid claims involve a clear link between negligence and measurable harm, such as additional surgeries, disability, or financial losses.
How long do I have to file a medical malpractice lawsuit in Texas?
Texas law generally gives patients two years from the date of the negligent act or from the end of the medical treatment to file a malpractice claim. However, there are exceptions. If the injury wasn’t discovered right away, the clock may start when the harm was reasonably identified. Minors who are victims of malpractice may also have more time. Because deadlines are strict, it’s crucial to speak with a lawyer as soon as possible.
What damages can I recover in a medical malpractice case?
Victims of medical negligence may recover compensation for economic losses such as medical bills, future treatment costs, and lost income. You may also receive non-economic damages for pain and suffering, emotional distress, disfigurement, or loss of companionship. In tragic cases involving death, surviving family members can pursue wrongful death damages. Texas places certain caps on non-economic damages, but there is no limit on actual financial losses.
Do I need expert testimony to file a malpractice claim?
Yes. Texas requires an expert medical report from a qualified physician early in the case. This report must explain how the defendant’s conduct fell below the standard of care and how it caused your injuries. Without this expert opinion, the case can be dismissed. A knowledgeable attorney will coordinate with medical experts to ensure your claim meets all legal requirements.
How much does it cost to hire a medical malpractice lawyer?
At Francis Injury, we work on a contingency fee basis — meaning you pay nothing up front. Our firm only collects fees if we successfully recover compensation for you. This allows injured patients and families to pursue justice without financial risk or stress.
Can I sue a hospital for malpractice?
Yes. Hospitals and clinics can be held liable for the negligence of their employees, including nurses, technicians, and even doctors in certain situations. Common hospital negligence claims include poor sanitation, improper staffing, unsupervised interns, and unsafe discharge practices. In some cases, the facility’s policies and procedures themselves may contribute to patient harm.
What if my loved one died due to medical negligence?
If a family member passed away due to a medical mistake, you may be eligible to file a wrongful death claim. Compensation can include funeral expenses, loss of financial support, and emotional suffering. These cases also serve to hold negligent providers accountable and prevent similar tragedies from happening to others.
How long does a medical malpractice case take to resolve?
Because medical malpractice cases are highly technical and often involve multiple experts, they can take months or even years to resolve. The timeline depends on the complexity of the case, the number of defendants, and whether it goes to trial. At Francis Injury, our attorneys work diligently to move your case forward efficiently while never compromising the quality of your outcome.
What should I do if I suspect malpractice?
If you suspect malpractice, do not delay. Seek medical attention from another doctor, obtain copies of your medical records, and avoid speaking with hospital representatives or insurance adjusters. Then contact Francis Injury for a free consultation. We’ll review your case confidentially and guide you through every step of the process.
