Texas Medical Malpractice Laws

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Everyone worships doctors, right? They are so smart, and selfless, and they’re as close to being God as you can get. They don’t make mistakes. Or, do they?

Of course doctors make mistakes! They aren’t robots, yet. However, how can you tell if a doctor’s mistake is equivalent to medical malpractice?

One way to tell is if you, and everyone to whom you’ve spoken, believe that the doctor behaved in a careless manner with his or her treatment of you. Signs of medical malpractice exist to serve as good indications, such as a doctor that fails to read a medical chart, making mistakes like prescribing you medication to which you’re allergic, or performing unnecessary surgery.

In Texas, there are laws regarding medical malpractice. Let’s start with the basics.

What is Medical Malpractice?

The medical malpractice law in Texas holds all those in the medical community responsible if they injure patients because of negligence.

You can file a medical malpractice claim when a doctor or medical practitioner harms you because he or she didn’t provide you with a reasonable standard of care. However, it’s not malpractice if your doctor makes a reasonable mistake.

It’s negligence only if the doctor injured you because of substandard medical care, AND you suffered real damages because of the error.


There are several types of medical malpractice cases that are common in Texas. Here are some of them:

  • Surgical errors – Doctors can make mistakes during surgery, and the error may not always equal medical negligence. If, however, the surgery caused you great injury, was preventable, and you suffered damages as a result, then it may be medical negligence.
  • Anesthesia errors – It’s imperative that the anesthesiologist takes every precaution when administering medication. If you were injured, you may be able to sue for damages.
  • Misdiagnoses or failure to diagnose – failing to diagnose an illness or misdiagnosis can be construed as medical negligence, if it led to harm for the patient. Discovering an illness early and early treatment is paramount to curing or treating some diseases. When a doctor fails to diagnose patients properly, that can be medical malpractice.
  • Medication mistakes – examples of mistakes involving medication are things like a wrong dosage or prescribing a medication to which the doctor should have known you were allergic.

Time Frames to File Your Medical Negligence Case in Texas

If you were injured by a doctor or because of poor care in a hospital or other medical facility, you may have a medical malpractice case. Talk to an attorney about your case right away, because you have a limited amount of time to file a malpractice claim after a medical injury.

The statute of limitations in Texas is two years from the date of your injury. Don’t delay! You won’t be able to file a case if that two-year mark passes.

A Lawyer Can Help

If you think you have a medical malpractice case it’s always best to speak with a lawyer. Many times you can even get a free consultation with a medical malpractice lawyer, so you’ll have a better idea if you should pursue your case.