Can you sue for misdiagnosis in Texas?
Asked by: Price Hills Sr. | Last update: January 4, 2026Score: 4.1/5 (24 votes)
If you have been misdiagnosed by your doctor, you may be able to sue for medical malpractice. An attorney can help you determine whether or not you have a viable case and how much compensation you may be entitled to receive.
Can you sue a doctor for misdiagnosis in Texas?
If a doctor negligently misdiagnosis a patient, and that person sustains major harm, they can possibly have grounds to file a lawsuit. Some illnesses can cause extensive harm that can cost a significant amount of money to treat.
Can you sue if a doctor misdiagnosed you?
Yes, you have the option to sue a doctor for misdiagnosis if you can demonstrate negligence, causation, and damages in a medical malpractice lawsuit. Successful cases require proving that the doctor's failure to meet the standard of care directly led to harm, allowing you to seek legal action for the misdiagnosis.
What is the average settlement for 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 long do you have to sue a doctor for malpractice in Texas?
According to this statute, you generally have two years from the date the malpractice occurred or the date you discovered that malpractice to file a lawsuit against the medical professional or facility for your damages.
What Are The Most Common Medical Malpractice Claims In 2023?
Do most malpractice cases settle?
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. Settlements do not become part of the public record, while a judgment in a court case is a public record.
How do you prove misdiagnosis?
To prove you've been a victim of medical misdiagnosis, you must demonstrate that their failure to diagnose you appropriately had a detrimental effect on your health. For example, if a doctor misread your X-rays and didn't see a tumor, that is medical negligence.
Is it worth suing for medical negligence?
In order to make a medical malpractice case worthwhile to pursue, the case should have approximately $125,000 to $150,000 in provable damages. Since only allows the recovery of compensatory damages, a patient must have a serious and permanent injury to justify proceeding with a medical malpractice case.
Can I sue urgent care for misdiagnosis?
For patients who have been harmed as a result of a misdiagnosis at an urgent care clinic, legal recourse may be available. A skilled personal injury attorney with experience in medical malpractice cases can help victims pursue justice and compensation for their injuries.
What happens to doctor who misdiagnosed you?
Yes, you can sue a doctor if a doctor misdiagnoses an illness or injury. In legal terms, this is called medical malpractice.
What is an example of a misdiagnosis?
Misdiagnosis is a form of medical malpractice where a medical professional incorrectly diagnoses an illness or a medical condition, which leads to inaccurate treatment procedures. For instance, a doctor may diagnose a patient's chest pains as a symptom of indigestion, missing the signs of a potential heart attack.
Is medical misdiagnosis a crime?
Most medical errors should not be considered criminal offenses, even when a doctor's mistake results in the injury or death of a patient.
How do I prove medical malpractice in Texas?
To prove that the doctor acted negligently, you will need to establish in court that the doctor owed a specific “standard of care” and that the doctor's actions or failure to act was a breach of that duty.
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.
Is it hard to win a medical malpractice suit?
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.
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.
What is the most misdiagnosed disease?
Pulmonary and neurological issues are often misdiagnosed
These conditions require immediate intervention in order to prevent permanent brain damage and death. A myocardial infarction (heart attack) is among the most-overlooked medical issues.
What is the most common reason for misdiagnosis?
Common causes for Misdiagnosis
Miscommunication – miscommunication between medical professionals can mean that a patient is misdiagnosed. Lack of experience – if a healthcare professional does not have a lot of experience, they may not be able to diagnose certain conditions.
How do I sue for misdiagnosis?
Yes, you can sue a doctor for misdiagnosis. However, to successfully win such a lawsuit, you must prove that the misdiagnosis caused harm or injury and that the doctor was negligent in their duty of care.
What's the average legal malpractice settlement amount?
Attorneys may purchase policies with coverage limits as high as $10 million. The average legal malpractice settlement or verdict is nearing $300,000. If your attorney costs you money, they can be liable to pay for it. The last thing that they want is for you to go after their personal assets.
Does malpractice claim ruin a career?
The primary risk of a medical malpractice lawsuit to your career comes from the impact on your professional standing and practice. For starters, it can tarnish your reputation. You may not be found liable, but the mere fact of being sued can negatively influence how patients, colleagues and employers view you.
How often do malpractice cases go to trial?
According to the US Bureau of Justice Statistics, an estimated 50% of all filed medical malpractice claims go to trial. Out of these, only less than 5% end with a court verdict. The rest get resolved in out-of-court settlements.