Can you sue a hospital in the state of Texas?

Asked by: Mariana Kautzer  |  Last update: October 2, 2025
Score: 4.3/5 (54 votes)

Can You Sue a Hospital in Texas? If you or a loved one were injured or wrongfully killed in a Texas hospital due to a medically negligent act, you can sue a hospital for compensation. Texas hospital malpractice lawsuits have a two-year statute of limitations for claims.

Is it hard to sue a hospital in Texas?

There are three main reasons why it's difficult, and sometimes impossible, to hold a Texas public hospital accountable for medical negligence. All three are related to the Texas Tort Claims Act. Many people miss the notice requirement.

How much can you sue a hospital for in Texas?

The size of the cap depends on whom the plaintiff is suing. Each plaintiff may recover: $250,000 in noneconomic damages from any single health care institution (such as a hospital), but no more than $500,000 from all health care institutions named as defendants in the case.

Is it hard to win a lawsuit against a hospital?

Medical malpractice lawsuits can be difficult to win because of their complexities. Juries must examine and interpret complicated evidence to understand how the healthcare provider deviated from accepted standards, which they are likely unfamiliar with.

How to file a complaint against a hospital in Texas?

Submitting a Complaint Against Health Care Facilities (Except Substance Abuse [Chemical Dependency] Treatment or Narcotic or Opioid Treatment Facilities)
  1. Complaint hotline: 1-800-458-9858, Option 5.
  2. Email: hfc.complaints@hhs.texas.gov.
  3. Fax: 833-709-5735.
  4. Mailing address: Health and Human Services Commission.

HOW TO SUE A DOCTOR OR HOSPITAL FOR NEGLIGENCE 👨‍ 🏥

44 related questions found

How do I file a lawsuit against a hospital?

Steps for Suing a Hospital in the U.S.
  1. Review Your State's Statute of Limitations. First, you must check whether you have time to file a lawsuit. ...
  2. Examine the Injury. ...
  3. Calculate Damages. ...
  4. Determining Fault. ...
  5. File a Complaint. ...
  6. Hire a Medical Malpractice Lawyer. ...
  7. Gathering Evidence. ...
  8. Negotiating a Settlement.

Who regulates hospitals in Texas?

Under state law, HHSC is responsible for the licensing and regulation of general hospitals in Texas, and the Regulatory Services Division within HHSC carries out these duties. HHSC adopts rules for general hospitals including establishing standards for: Licensing procedures and fees.

Do hospitals usually settle lawsuits?

If you are considering filing a medical malpractice claim, you might wonder, “Do hospitals usually settle out of court?” The truth is that many hospitals prefer to avoid lengthy court battles and may opt for settlements instead, but it is ultimately up to you whether or not you prefer to accept a settlement.

How do I know when to sue a hospital?

Indicators of a potential medical malpractice case include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, and inadequate follow-up care. These issues can result in significant health complications or worsen existing conditions.

What are the four things that must be proven to win a medical malpractice suit?

What Are the Four Elements of Medical Malpractice?
  • Duty: The duty of care owed to patients.
  • Dereliction: Or breach of this duty of care.
  • Direct cause: Establishing that the breach caused injury to a patient.
  • Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.

How much can you sue for pain and suffering in Texas?

Also, you should know that if you're filing a claim for pain and suffering in Texas, the state doesn't have any limit on pain and suffering damages, except for medical malpractice cases. Medical malpractice cases have a $750,000 limit for pain and suffering damages under Tex.

Is it expensive to sue a hospital?

Ultimately, when you begin to tally up all the costs of filing a medical malpractice lawsuit, you would be looking at thousands in expenses. You should ask yourself if you can afford these fees or if you would prefer that a legal team handle them.

What qualifies as medical malpractice in Texas?

Medical malpractice is generally described as errors or mistakes that your doctor or another healthcare professional makes in treating you. A wide range of things can constitute medical malpractice, from misdiagnosis and delayed diagnosis to outright surgical mistakes and errors.

Why would a hospital sue you?

Some hospitals sue patients who can't afford to pay their medical bills. Such lawsuits don't tend to bring in much money for the hospital but can really harm patients already experiencing financial hardships.

Can I sue a hospital for taking too long?

If you or a loved one have suffered harm due to unreasonable delays in receiving medical treatment, you may have legal grounds to pursue a medical malpractice claim against the hospital.

Can you sue a hospital for mental distress?

You may be entitled to compensation if your emotional distress resulted in visible harm. For instance, in California, only 56,000 actions against state licensure for medical professionals occurred between 1990 and 2017. In cases where the evidence of medical negligence is weak, defendants win 80% to 90% of the time.

What's the difference between medical malpractice and negligence?

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.

Can you sue a hospital for getting sick?

If you went to the hospital for an illness or injury and emerged sicker than when you arrived, you may be able to file a medical malpractice lawsuit and recover damages from a number of parties.

How much will hospitals settle for?

Providers and debt collection agencies working on behalf of providers might accept settlements for around 30% to 80% of the outstanding balance. You may want to start with a low offer to see if they'll accept.

How do I sue a hospital for pain and suffering?

Can you sue a Doctor or Hospital for Pain & Suffering?
  1. Show that you were a patient. You need to establish that there was a medical relationship between you and the hospital. ...
  2. Prove negligence. Prove that the doctor or other medical professional was negligent and that this negligence is what caused the injury.

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.

Where do I file a complaint against a hospital in Texas?

You can make a complaint by mail or fax, but HHS prefers that people submit online via the Texas Unified Licensure Information Portal (TULIP) or call 1-800-458-9858 so we can get all of the information right away to investigate and resolve a complaint.

Can I sue a hospital for overcharging?

Yes, you can sue a hospital for false billing. First, there are a series of internal challenges and appeals that you can undergo with the hospital. If there is an insurance company involved, they can be included in appeals as well.

Who investigates hospitals in Texas?

If You Have a Complaint

File a complaint with the Health Facility Compliance Unit at the Texas Health and Human Services Commission (HHSC). This is the agency ensuring that hospitals and health facilities are providing safe, responsible care. HHSC will also investigate claims of improper hospital billing.

How to sue a hospital in Texas?

If you want to file a medical malpractice lawsuit against the hospital that caused you harm, there are specific steps you should take.
  1. File a Complaint with the Health Facility Compliance Group. ...
  2. File a Complaint with the Texas Medical Board. ...
  3. Give Notice to the Hospital. ...
  4. File a Medical Malpractice Lawsuit.