Houston Medical Malpractice Lawyer
Experienced Legal Representation for Medical Negligence Victims
When you seek medical care, you trust healthcare professionals to provide competent, careful treatment. But when doctors, nurses, hospitals, or other medical providers fail to meet accepted standards of care, the consequences can be devastating. If you or a loved one has suffered harm due to medical negligence in Houston, 713 Justice is here to help you seek justice and compensation.
Our experienced Houston medical malpractice attorneys understand the complexities of these cases and have the resources to take on major hospitals, insurance companies, and healthcare systems throughout Texas.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence causes injury to a patient. To have a valid claim, three elements must be present:
- A breach of the standard of care. The healthcare provider failed to provide treatment consistent with what a reasonably competent provider would have done under similar circumstances.
- Causation. The breach of care directly caused your injury. It’s not enough that a mistake was made; that mistake must be the reason for your harm.
- Significant damages. You suffered measurable harm, such as additional medical treatment, disability, lost income, pain and suffering, or wrongful death.
Medical malpractice cases are among the most complex personal injury claims, requiring extensive medical knowledge, expert testimony, and a thorough understanding of healthcare regulations.
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Common Types of Medical Malpractice Cases
Our Houston medical malpractice lawyers handle a wide range of negligence claims, including:
Surgical errors. Operating on the wrong body part or patient, leaving surgical instruments inside the body, damaging nerves or organs, or performing unnecessary procedures.
Misdiagnosis or delayed diagnosis. Failing to diagnose cancer, heart attacks, strokes, infections, or other serious conditions in time for effective treatment, or misdiagnosing one condition as another.
Medication errors. Prescribing the wrong medication or dosage, failing to identify dangerous drug interactions, or administering medication incorrectly.
Birth injuries. Negligence during pregnancy, labor, or delivery that causes harm to the mother or child, including cerebral palsy, Erb’s palsy, brain injuries, or maternal injuries.
Anesthesia errors. Administering too much or too little anesthesia, failing to monitor patients properly, or not reviewing patient medical history for risk factors.
Emergency room negligence. Failing to properly triage patients, dismissing serious symptoms, or discharging patients prematurely.
Nursing home neglect. Bedsores, malnutrition, dehydration, medication errors, or physical abuse in long-term care facilities.
Failure to treat. Diagnosing a condition correctly but failing to provide appropriate treatment or follow-up care.
Hospital negligence. Inadequate staffing, unsanitary conditions, failure to properly train staff, or systemic failures in patient care protocols.
Understanding Texas Medical Malpractice Laws
Texas has specific laws governing medical malpractice claims that make these cases particularly challenging:
Expert report requirement. Within 120 days of filing your lawsuit, you must provide an expert report from a qualified medical expert supporting your claims. This expert must practice in the same or similar specialty as the defendant.
Damage caps. Texas law limits non-economic damages (pain and suffering) to $250,000 per healthcare provider, with a maximum of $500,000 total for all healthcare institutions involved. There is no cap on economic damages like medical expenses and lost wages.
Statute of limitations. You generally have two years from the date of injury or from when you discovered (or should have discovered) the injury to file a lawsuit. However, there is an absolute limit of ten years from the incident, with some exceptions.
Statute of repose. Claims against healthcare institutions must be filed within ten years of the negligent act, regardless of when the injury was discovered.
Certificate of merit. Before filing suit, your attorney must file a certificate stating that the case has been reviewed by a medical expert who believes there is a reasonable basis for the claim.
These complex requirements make it essential to work with an experienced medical malpractice attorney who understands Texas law and procedures.
Compensation Available in Medical Malpractice Cases
If we successfully prove your medical malpractice claim, you may be entitled to compensation for:
- Past and future medical expenses, including corrective surgeries, rehabilitation, ongoing treatment, and medical equipment
- Lost wages and loss of earning capacity if your injuries prevent you from working
- Pain and suffering, subject to Texas statutory caps
- Physical impairment and disfigurement
- Mental anguish and emotional distress
- Loss of consortium for spouses whose relationship has been affected by the injuries
- Wrongful death damages, including funeral expenses, loss of companionship, and loss of financial support
In cases involving gross negligence or intentional misconduct, punitive damages may also be available, though these are rare in medical malpractice cases.
How 713 Justice Handles Your Medical Malpractice Case
Comprehensive case evaluation. We thoroughly review your medical records, consult with medical experts, and assess the strengths and challenges of your case before agreeing to represent you.
Access to top medical experts. We have established relationships with qualified medical experts across all specialties who can review your case and provide testimony when needed.
Thorough investigation. We obtain and analyze all relevant medical records, interview witnesses, research the healthcare provider’s history, and build a comprehensive picture of what went wrong.
Advanced resources. We invest the substantial resources required to properly litigate medical malpractice cases, including expert fees, medical illustrations, and trial technology.
Aggressive representation. We’re not intimidated by large hospitals or insurance companies. We fight tenaciously to hold negligent providers accountable.
No upfront costs. We handle medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.
Why Medical Malpractice Cases Require Specialized Legal Experience
Medical malpractice claims are fundamentally different from other personal injury cases:
Complex medical issues. Understanding medical records, procedures, and standards of care requires extensive medical knowledge and consultation with expert witnesses.
Well-funded opposition. Hospitals and doctors are typically protected by powerful insurance companies and large legal teams with unlimited resources.
High costs of litigation. Medical malpractice cases require expensive expert witnesses, extensive discovery, and sophisticated evidence presentation. These cases can cost tens of thousands of dollars to properly prosecute.
Difficult burden of proof. You must prove not only that an error occurred, but that it fell below the accepted standard of care and directly caused your injuries.
Reluctance of experts. Medical professionals are often hesitant to testify against colleagues, making it challenging to secure qualified expert witnesses.
How 713 Justice Handles Your Medical Malpractice Case
Signs Your Medical Treatment May Have Been Negligent
Consider consulting a medical malpractice attorney if:
- Your condition worsened unexpectedly during or after treatment
- You developed complications that your doctor failed to warn you about or prepare for
- Your doctor dismissed or ignored your symptoms
- You received a different diagnosis from a second opinion
- Your treatment deviated significantly from standard protocols
- Medical staff failed to review your medical history or medications
- You experienced an unexpected surgical complication
- Your doctor failed to order appropriate diagnostic tests
- You were discharged from the hospital despite ongoing serious symptoms
- Medical records contain errors, omissions, or alterations
The Value of Legal Representation: Why Lawyers Get Better Results
Statistics Show Represented Claimants Receive Higher Compensation
Research consistently demonstrates that accident victims who hire personal injury lawyers receive significantly more compensation than those who handle claims themselves:
- 3.5x Higher Settlements: According to Insurance Research Council studies, accident victims represented by attorneys receive settlements that are 3.5 times higher on average than those who settle without legal representation
- Better Results Even After Legal Fees: Even after paying attorney fees, represented claimants typically net more money than unrepresented victims
- Higher Success Rate: Lawyers successfully resolve claims in over 95% of cases, compared to much lower success rates for self-represented individuals
- Faster Resolution: Experienced attorneys often resolve cases more quickly by knowing how to navigate insurance company procedures and legal requirements
The Cost of Going It Alone
Unrepresented accident victims often fall into common traps that cost them thousands of dollars:
Quick Settlement Pressure: Insurance companies rush unrepresented victims into early settlements before the full extent of injuries is known
Undervalued Claims: Without legal knowledge, victims often accept far less than their claims are worth
Waiving Important Rights: Unrepresented claimants may unknowingly sign releases that prevent future claims for ongoing medical issues
Missing Deadlines: Failure to meet legal deadlines can result in complete loss of the right to compensation
Inadequate Documentation: Improper case preparation can significantly reduce claim value
Frequently Asked Questions
How do I know if I have a valid medical malpractice case?
Not every bad medical outcome is malpractice. Medicine involves inherent risks, and even skilled doctors can't guarantee results. To have a valid claim, you must prove that negligence occurred and directly caused significant harm. Our attorneys can evaluate your case during a free consultation.
How long does a medical malpractice case take?
Medical malpractice cases typically take 18 months to three years or more to resolve. The complexity of medical issues, need for expert opinions, and court schedules all contribute to the timeline. However, we work efficiently to move your case forward while building the strongest possible claim.
Will my lawsuit be public record?
Court filings are generally public records, though certain sensitive medical information can be filed under seal. We take steps to protect your privacy while pursuing your claim.
Can I sue if I signed a consent form?
Yes. Consent forms acknowledge the risks of a procedure but don't waive your right to sue for negligence. Doctors must still provide competent care according to medical standards.
What if the medical error killed my loved one?
You may be able to file a wrongful death claim on behalf of your family member. Texas law allows certain family members to pursue compensation for their loss, including funeral expenses, loss of companionship, and loss of financial support.