Can you sue a doctor for negligence in Texas?
Asked by: Jewel Mueller | Last update: August 6, 2025Score: 4.2/5 (68 votes)
In Texas, medical malpractice suits can be filed for “treatment, lack of treatment or other claimed departure from accepted standards of medical care” that result in injury or death to the patient. [1] Remember, it must be proven that this harm resulted from the healthcare professional's negligence.
How hard is it to sue a doctor in Texas?
Texas law has made medical malpractice cases very difficult and expensive to litigate and the caps on compensation mean that it can often cost more to pursue a case than you can receive in damages. These cases also require costly expert review and testimony from medical professionals and many hours of deposition.
What constitutes medical negligence in Texas?
Medical malpractice is when a doctor knows about the possible consequences and still makes a mistake. It is a classic case of knowingly ignoring the standard of care. While medical negligence is when an action accidentally causes harm, medical malpractice and medical negligence in Texas are legal concepts.
Is it worth suing for medical negligence?
Medical malpractice lawsuits can prove very complex and incredibly difficult to win. All too often, even in jury trials, victims who may have sustained severe injuries due to medical negligence may end up struggling to get the total compensation they deserve.
How much can you sue a doctor for in Texas?
The Texas Medical Malpractice and Tort Reform Act severely restricts that amount of damages that medical malpractice victims can obtain for pain and suffering. Non-economic damages against all doctors and health care providers capped at $250,000. Non-economic damages against health care facilities capped at $500,000.
What you and your family need to know about medical malpractice in Texas
What are the chances of getting sued as a doctor?
And, according to the American Medical Association (AMA), one in three physicians has been sued or experienced legal action against them under a medical malpractice lawsuit.
Can I sue my doctor for emotional distress in Texas?
No, in Texas, you are not allowed to sue (or file an emotional distress lawsuit) for emotional distress alone, also known as NEID (negligent infliction of emotional distress). However, you may be able to recover damages for NEID as part of a personal injury claim if you have also suffered a physical injury.
What is the most common reason patients sue their doctors?
Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.
How often do doctors settle out of court?
Department of Justice statistics note that 7% of medical malpractice cases end in a trial, so the others either drop their claims or settle. Although, 95% of personal injury claims settle before trial.
Is it hard to win a medical malpractice suit?
The Difficulties of Proving Fault in Medical Malpractice Cases. Medical malpractice lawsuits can be difficult to win in large part because of the complexity of the subject that is being discussed in the lawsuit. Doctors have years and years of training to understand medical terminology, illnesses, and medications.
How do you prove negligence in Texas?
- Element 1: Duty of care. ...
- Element 2: Breach of duty. ...
- Element 3: Causation, or cause in fact. ...
- Element 4: Proximate cause. ...
- More negligence elements: damages in a lawsuit.
What is the difference between negligence and malpractice?
Medical malpractice cases are brought when there is the presence of 'intent,' whether obvious or discreet. Medical negligence cases are brought when there is no intent, but the act that caused harm is a mistake.
What is the average settlement for a medical malpractice lawsuit in Texas?
A jury can award any amount for economic damages. Therefore, the average medical malpractice settlement is somewhere between the person's economic damages and $250,000 above that amount.
How do I know if I should sue my doctor?
- There was a lack of informed consent. ...
- You've suffered severe complications from your treatment. ...
- Your treatment isn't working. ...
- Your doctor hasn't followed up after you raised concerns.
Can you file a malpractice lawsuit without a lawyer?
As far as the legal system is concerned, you can handle your own medical malpractice case without hiring an attorney, but whether that's a good idea is the more important consideration.
What happens after a doctor is sued?
If you sue your doctor, an insurance company will likely pay the damages associated with a settlement or court-awarded damages. Although exceptions exist, doctors typically do not pay out-of-pocket when a court finds them liable for damages.
What are the odds of winning a medical malpractice lawsuit?
Physicians win approximately 80% to 90% of the cases reviewers believe they should win, approximately 70% to 80% of the cases rated as toss-ups, and roughly 50% of the cases deemed by peer reviewers to have strong evidence of negligence [18].
Is it better to settle in a malpractice lawsuit?
Pros of Settling a Medical Malpractice Case:
Settlements are generally quicker than trials, allowing victims to receive compensation faster. The outcome is more predictable, as both parties agree to the terms.
What is the most common type of medical negligence?
1. Misdiagnosis or Delayed Diagnosis. One of the most prevalent forms of medical malpractice is misdiagnosis or delayed diagnosis.
What is the most common allegation in claims of negligence?
The Most Common Allegation: Misdiagnosis
Misdiagnosis stands as the predominant allegation in medical malpractice suits, representing a significant challenge within the healthcare system.
What can doctors get in trouble for?
- Alcohol and substance abuse.
- Sexual misconduct.
- Neglect of a patient.
- Failing to meet the accepted standard of care in a state.
- Prescribing drugs in excess or without legitimate reason.
How much is emotional distress worth in Texas?
There is no specific formula for calculating the amount of compensation you can recover for emotional distress in a personal injury case. The amount you can recover will depend on several factors, including the severity of your emotional distress and the impact it has had on your life.
How to sue a doctor for pain and suffering?
You will probably need expert witnesses to explain your injuries and demonstrate how your doctor's actions caused them. You will also need to prove your financial losses, like medical bills and lost wages, and show the pain and suffering you experienced.
How do you prove emotional distress in Texas?
However, the plaintiff must show that the defendant's action caused an ascertainable degree of mental pain and distress. The existence of grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation may be used to prove such mental pain and distress.