Quick answer: If a doctor, nurse, hospital, or other provider injured you or a loved one by falling below the accepted standard of care, you may have a Texas medical malpractice claim. These cases are difficult and strictly regulated — Texas requires an expert report early and generally gives you two years to file. The Law Offices of John David Hart, board certified in Personal Injury Trial Law and Civil Trial Law, handles serious medical malpractice and medical negligence cases in Fort Worth and across Texas on a no-fee-unless-we-win basis. Call 817-870-2102 for a free consultation.
What counts as medical malpractice in Texas
Medical malpractice happens when a healthcare provider’s care falls below what a reasonably careful provider would have done, and that failure causes real harm. Common examples include:
- Misdiagnosis or delayed diagnosis (especially cancer, heart attack, stroke, infection)
- Surgical errors, including wrong-site or retained-instrument cases
- Birth injuries to mother or baby
- Medication and anesthesia errors
- Failure to monitor, treat, or refer in time
- Hospital and nursing negligence, including infections and pressure injuries
Why these cases need a board-certified trial lawyer
Texas law makes medical malpractice cases uniquely hard. You must serve a qualified expert report within 120 days of filing or the case is dismissed. Hospitals and their insurers defend aggressively. Damages for non-economic harm are capped in Texas, which means each case must be built carefully and tried credibly. John David Hart is Board Certified in Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization and works these cases with the right medical experts from day one.
Texas law you should know
- Deadline: generally two years from the negligent act (with limited exceptions). Act early — the expert-report requirement takes time to prepare.
- Expert report: a qualified report must be served within 120 days of suit.
- Damage caps: Texas caps non-economic damages in medical liability cases; economic damages (medical costs, lost earnings) are generally not capped.
What you can recover
Past and future medical expenses, lost income and earning capacity, pain and suffering (subject to the statutory cap), disfigurement, and — in a death case — wrongful death and survival damages for the family.
What to do if you suspect malpractice
- Get the care you need now, ideally from a different provider.
- Request complete medical records.
- Write down what happened while it is fresh.
- Do not sign anything from the provider or insurer.
- Talk to a malpractice lawyer quickly — the deadlines and expert-report rules are strict.
Frequently asked questions
How long do I have to file a medical malpractice claim in Texas?
Generally two years from the negligent act, with limited exceptions. The required expert report takes time, so start early.
Is there a cap on medical malpractice damages in Texas?
Yes — non-economic damages are capped by statute, but economic damages such as medical bills and lost earnings generally are not.
What is the expert report requirement?
Texas requires a qualified expert report within 120 days of filing, or the case can be dismissed.
How much does a medical malpractice lawyer cost?
We work on contingency — no fee unless we win — and the consultation is free.
Talk to a Texas medical malpractice lawyer
Free consultation. No fee unless we win. Call 817-870-2102 or 800-247-1623.
Related: Catastrophic Personal Injury · Wrongful Death
