How do I sue for malpractice in Texas?
Asked by: Keagan Kiehn | Last update: December 30, 2025Score: 4.9/5 (45 votes)
How Do I Sue a Doctor for Malpractice in Texas? Section 74.051 of the Texas Civil Practice and Remedies Code mandates that a prospective plaintiff send written notice of the claim to each health care provider mentioned in the lawsuit at least 60 days before filing the action – this is usually handed by an attorney.
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.
Is it worth suing for medical malpractice?
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.
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.
Is it hard to prove medical malpractice in Texas?
Proving medical malpractice is a difficult and nuanced process that requires the expertise of a seasoned attorney. If you've sustained an injury or illness due to the negligence or error of a medical professional, our firm can help you pursue damages via an insurance claim or lawsuit.
What you and your family need to know about medical malpractice in Texas
What are the 4 things that must be proven to win a medical malpractice suit?
- 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.
Can you file a medical malpractice lawsuit without a lawyer?
When you make a conscious decision to file a malpractice suit without a lawyer, the court will treat you the same as the defendant's lawyers. They will expect you to understand and follow the same legal process as the defense.
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.
What is an example of a pain and suffering settlement in Texas?
The more severe the pain and suffering, the higher the multiplier. Finally, multiply the multiplier by the economic damages to come up with a figure for pain and suffering. Suppose your economic damages are $80,000, and your multiplier is 3. That adds up to $240,000 for pain and suffering damages alone.
How do you win a medical malpractice case in Texas?
- The defendant owed the plaintiff a duty of care.
- The defendant breached the duty of care.
- The breached duty of care proximately caused the harm or damage sustained by the plaintiff.
What happens if you lose a malpractice case?
What Happens If You Lose a Malpractice Case? If you lose your medical malpractice case, there is a chance that you will have to pay the defendant's legal bills. This can be a big financial strain on you, the plaintiff. However, if you do lose, there is the potential to appeal the decision.
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 do I prepare for a medical malpractice lawsuit?
- Finding an attorney who will represent you.
- Gathering evidence, such as medical records and communications.
- Identifying the proper court with jurisdiction.
- Filing paperwork with the court.
What does malpractice not cover?
While medical malpractice insurance helps cover a wide variety of costs, no insurance policy covers everything. Coverage is capped based on the applicable limits of a given policy. Common exclusions include claims resulting from intentional acts or sexual misconduct or practicing without proper licensure.
What is the hardest element to prove in a medical malpractice case?
Proving causation is often the most difficult element of a medical malpractice case. However, it is not impossible. With the help of an experienced medical malpractice lawyer, plaintiffs may be able to overcome the challenges of proving causation and win their cases.
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.
Who pays out pain and suffering?
Factors Considered for Pain and Suffering Damages
This can take many forms, such as bills, chronic pain, anxiety, and more. As accidents of any kind affect much more than just your physical wellbeing, insurance companies will pay for your pain and suffering based on the hardships you have faced.
What is a typical amount of pain and suffering?
According to insurance data, the average payout across the U.S. for a pain and suffering settlement in a personal injury case is approximately $15,000.
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 medical malpractice hard to win?
Winning a medical malpractice claim can prove very difficult. However, that does not mean that you cannot win. If you suffered a serious injury due to the negligence of a medical care provider, you deserve compensation for those losses.
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 to get a malpractice attorney to take your case?
An attorney may be more likely to accept your case if you prepare ahead of time by taking the following steps: Gather your medical records. Bring as many records as you can, including medical bills, written correspondence between you and your health care providers, diagnostic test results, and treatment notes.
How to file a malpractice lawsuit in Texas?
- File a Complaint Against the Health Care Provider. ...
- Contact a Lawyer to Determine if You Have a Claim. ...
- Learn Your Statute of Limitations. ...
- Identify the Responsible Party or Parties. ...
- Gather Evidence and Documentation. ...
- Send a Notice to the Hospital. ...
- File Your Claim.
Can I sue insurance for malpractice?
But when an insurance agent or provider behaves negligently, they can be held accountable. If you believe that your agent or provider has failed in their duties, you may consider suing an insurance company for negligence. Speaking with a skilled tort attorney will help you determine the best path forward.