Questions You’re Probably Asking Right Now
This page answers common questions about Texas medical malpractice law, including what qualifies as negligence, the legal deadlines that govern every claim, how damages are calculated, and what to expect at each stage of a case. The Borah Law Firm, PLLC focuses exclusively on medical malpractice cases, nothing else and represents patients and families in claims against hospital, nursing home, assisted living facility, surgical center, and rehabilitation center throughout Texas. If your question is not answered here,
What is medical malpractice in Texas?
Medical malpractice in Texas occurs when a healthcare provider including a hospital, nursing home, or assisted living facility fails to meet the accepted standard of care, and a patient suffers harm as a direct result. Not every poor medical outcome is malpractice. To be actionable, the harm must be caused by a provable departure from what a reasonably careful provider would have done under the same or similar circumstances while also taking into consideration that patient’s known mental and physical condition. That distinction is established through qualified medical expert testimony.
What is the “standard of care” in Texas?
The standard of care is what a reasonably competent healthcare provider in the same field and specialty would have done under the same or similar circumstances while also taking into consideration that patient’s known mental and physical condition. It is not a standard of perfection, it is the benchmark of reasonable professional conduct within the relevant discipline. In a Texas malpractice lawsuit, the standard is established by a qualified expert physician, not by what the Defendant claims was appropriate in hindsight.
Is a bad medical result always malpractice?
No. Medicine carries inherent risks, and a poor outcome can occur even when a provider meets every applicable standard of care. Malpractice requires proof of a specific departure from the standard, an injury caused by that departure, and quantifiable damages resulting from the injury. A disappointing result alone, without a provable deviation from the standard does not qualify as a malpractice claim under Texas law.
What must be proven in a Texas medical malpractice lawsuit?
A Texas medical malpractice Plaintiff must prove four elements: a provider-patient relationship existed; the provider failed to meet the standard of care; that failure directly caused the injury or death; and the Plaintiff suffered damages as a result. Under Tex. Civ. Prac. & Rem. Code §74.001, “Plaintiff” is limited to the injured patient, the patient’s estate, and the patient’s parents, spouse, and children. Expert testimony is required to establish the standard of care, the breach, and causation in every case.
What types of medical malpractice cases does The Borah Law Firm, PLLC handle?
The Borah Law Firm, PLLC handles cases involving nursing home negligence, hospital negligence, pressure injuries and bedsores, birth injuries, OB/GYN negligence, misdiagnosis, delayed diagnosis, surgical errors, and medication errors. The firm handles only medical malpractice — no other practice areas.
What is the statute of limitations for medical malpractice in Texas?
In most Texas medical malpractice cases, you have two years from the date of the negligent act or omission to file a lawsuit, under Tex. Civ. Prac. & Rem. Code §74.251. This deadline is absolute, missing it eliminates the right to pursue compensation regardless of how strong the underlying case is. Limited exceptions exist for minors and for cases involving a foreign object left in the body, but those exceptions are narrow and require separate legal analysis. Do not assume an exception applies without consulting a Texas medical malpractice attorney.
What is the presuit notice requirement under Texas Chapter 74?
Before a Texas medical malpractice lawsuit can be filed, the Plaintiff must deliver written notice of the claim to each Defendant at least 60 days before filing, under Tex. Civ. Prac. & Rem. Code §74.051. This requirement is mandatory and cannot be waived. Because the notice must be served before the suit is filed, preparation must begin well in advance of the limitations deadline.
What is the expert report requirement in Texas medical malpractice cases?
Within 120 days of filing suit, the Plaintiff must serve a written expert report on each Defendant, under Tex. Civ. Prac. & Rem. Code §74.351. The report must come from a qualified medical expert and must specifically address the applicable standard of care, how each Defendant’s conduct breached that standard, and how the breach caused the claimed injury or death. A late, absent, or inadequate expert report results in mandatory dismissal of the case against that Defendant and can result in the Plaintiff having to reimburse the Defendant their attorney fees and costs. This requirement makes early case development, including expert identification, essential.
How does The Borah Law Firm, PLLC evaluate a medical malpractice case?
We obtain all relevant medical records, engage qualified physician experts in the applicable specialty, assess the nature and cause of the harm, and evaluate whether the case meets Texas’s legal and financial threshold for litigation. The financial threshold matters because Texas malpractice cases involve significant costs, for expert witnesses, depositions, and records review, that we advance on the client’s behalf. Every caller receives an honest assessment based on the facts, not encouragement for its own sake.
How do I know if I have a valid medical malpractice case in Texas?
A case with strong merit typically involves a documentable deviation from the standard of care, a serious injury or death, and a direct causal connection between the two. Cases that also involve significant past medical expenses and the likelihood of future care costs, surgery, long-term treatment, rehabilitation, are the ones that can justify the substantial expense of Texas malpractice litigation. A Texas medical malpractice attorney can review your records with qualified medical experts to help you understand whether your situation meets those thresholds.
What if I don’t know exactly what went wrong during my care?
That is the most common situation our clients are in when they first call. Most people know only that something went wrong, not the specific clinical explanation for why. We obtain the relevant records, engage medical experts in the appropriate specialty, and do the best we can to reconstruct what happened relying only on the medical records. You do not need to have the answer before reaching out, investigating that question is part of what we do.
How much does it cost to hire a Texas medical malpractice attorney?
The Borah Law Firm, PLLC handles cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. We also advance all case expenses. If the case does not result in a settlement or judgment in your favor, you do not owe us for those expenses and you will not receive a bill from us for the cost of pursuing the case. We fully answer all of your questions related to fee structure and cost arrangements before anything moves forward.
Will I owe money if my case is unsuccessful?
No attorney’s fees are owed if there is no recovery. We also absorb the case expenses if the case is unsuccessful, meaning you will not receive a bill from us for the costs incurred during the litigation. We explain this arrangement clearly before you decide whether to proceed, and you will not be surprised by any financial obligation at the end of a case.
What costs are involved in a medical malpractice case?
Texas medical malpractice cases typically involve significant litigation costs, including medical record collection and analysis, fees for qualified medical expert witnesses, deposition transcripts, court filing fees, and litigation support services. In contested cases these costs can reach tens of thousands of dollars. We advance all case expenses on our clients’ behalf. If the case is unsuccessful, those costs are not passed to the client but are absorbed by the firm, meaning you will not receive a bill from us for the costs incurred during the litigation.
Is my medical information kept confidential?
Yes. We handle all clinical records with strict confidentiality and share information only as required to prosecute the case and in accordance with applicable law. Information shared with our office in the context of a potential or active representation is protected by the attorney-client privilege.
What happens after I hire a medical malpractice attorney in Texas?
We begin by collecting medical records, engaging expert reviewers in the applicable specialty, and reconstructing what happened clinically. If the case has legal merit and justifies the litigation investment, we send the required presuit notice under §74.051, file the lawsuit, and move into the litigation process. We keep you informed at each stage and explain what to expect before it occurs. Our goal is that you are never surprised by what happens next in your case.
What is discovery in a Texas malpractice case?
Discovery is the phase of litigation where both sides exchange information and evidence. It includes written interrogatories (questions answered under oath in writing), requests for production of documents and records, and depositions (sworn oral testimony taken before trial). Discovery in Texas malpractice cases often runs two to four years in contested matters and is typically the longest single phase of the litigation. It is also the phase that most directly determines the strength of both sides’ positions at trial or settlement.
Will I have to testify or give a deposition?
In most cases, yes. A deposition is sworn oral testimony taken before trial in which opposing counsel asks questions about your medical history, the events at issue, your injuries, and how the harm has affected your life and that of your family. It is less formal than trial testimony and takes place on a Zoom call or in a conference room, not in a courtroom. We prepare every client thoroughly before their deposition so they understand what to expect and can answer questions with confidence.
How long does a Texas medical malpractice case take?
Most Texas medical malpractice cases take between two and four years to resolve, depending on the complexity of the medicine, the number of Defendants, the volume of records, and whether the case settles or proceeds to trial. Some cases move more quickly; others take longer due to factors outside our control, including court scheduling, the number of parties, and opposing counsel’s conduct. We work to make sure that any delay in a case is not attributable to us.
Do most Texas medical malpractice cases settle?
Most Texas medical malpractice cases do settle before trial, but neither the timeline nor the outcome is guaranteed. Settlement value and the willingness of Defendants to resolve depend on the strength of the expert evidence, the severity and permanence of the injury, and the damages involved. We prepare every case as though it will be tried to a jury, that preparation is what creates the strongest settlement position and prevents Defendants from waiting out a case they believe is underprepared.
How is settlement value determined?
Settlement value in a Texas medical malpractice case is driven by several factors considered together: the strength of the expert evidence on liability and causation, the severity and permanence of the injury, past and projected future medical expenses, lost earnings, and the impact of the injury on the claimant's life. Texas's non-economic damages caps under Tex. Civ. Prac. & Rem. Code §74.301 place an upper limit on what a jury can award for physical pain and suffering, disfigurement, physical impairment, and loss of enjoyment of life, which constrains the ceiling on non-economic recovery regardless of how severe the harm was.
One factor that shapes settlement value in ways many clients do not anticipate is the county where the lawsuit is filed. Texas has 254 counties. The overwhelming majority of them produce juries that are skeptical of medical malpractice Plaintiffs, reluctant to award significant damages, or both. A case filed in a rural or suburban county in West Texas, the Panhandle, or much of Central and East Texas faces a jury pool that statistically returns lower verdicts than the same case tried in a handful of major urban counties. Defendants and their insurers know this. Their settlement offers reflect it.
A small number of Texas counties are meaningfully more Plaintiff-favorable. Travis, Harris, Bexar, and Dallas counties have historically produced jury verdicts that give defendants more reason to settle cases at higher values than they would offer for identical facts filed elsewhere. The venue where a case lands is rarely a matter of choice. Texas venue rules in health care liability cases generally require the lawsuit to be filed in the county where the care was provided or where the defendant maintained a principal office at the time of the care. A patient treated at a rural facility in a Defendant-favorable county cannot simply elect to file in Houston. That geographic constraint is a real factor in what a case is ultimately worth.
Every case is different. We work through the full damages picture, the strength of the expert evidence, and the realistic jury pool in the venue before discussing value with clients.
One factor that shapes settlement value in ways many clients do not anticipate is the county where the lawsuit is filed. Texas has 254 counties. The overwhelming majority of them produce juries that are skeptical of medical malpractice Plaintiffs, reluctant to award significant damages, or both. A case filed in a rural or suburban county in West Texas, the Panhandle, or much of Central and East Texas faces a jury pool that statistically returns lower verdicts than the same case tried in a handful of major urban counties. Defendants and their insurers know this. Their settlement offers reflect it.
A small number of Texas counties are meaningfully more Plaintiff-favorable. Travis, Harris, Bexar, and Dallas counties have historically produced jury verdicts that give defendants more reason to settle cases at higher values than they would offer for identical facts filed elsewhere. The venue where a case lands is rarely a matter of choice. Texas venue rules in health care liability cases generally require the lawsuit to be filed in the county where the care was provided or where the defendant maintained a principal office at the time of the care. A patient treated at a rural facility in a Defendant-favorable county cannot simply elect to file in Houston. That geographic constraint is a real factor in what a case is ultimately worth.
Every case is different. We work through the full damages picture, the strength of the expert evidence, and the realistic jury pool in the venue before discussing value with clients.
What compensation is available in Texas medical malpractice cases?
Texas malpractice Plaintiffs may recover two categories of damages. Economic damages, which include past and future medical expenses, lost earnings, and future care costs, are uncapped and are established through medical billing records, wage documentation, and life care planning experts. Non-economic damages, which include physical pain and suffering, disfigurement, physical impairment, and loss of enjoyment of life, are subject to the statutory caps in Tex. Civ. Prac. & Rem. Code §74.301. Loss of consortium is also recoverable for qualifying family members.
Are there caps on damages in Texas medical malpractice cases?
Yes. Under Tex. Civ. Prac. & Rem. Code §74.301, non-economic damages — which cover physical pain and suffering, disfigurement, physical impairment, and loss of enjoyment of life — are capped at $250,000 per physician or individual provider Defendant. A separate $250,000 cap applies per institutional Defendant (hospital, nursing home, or other health care institution), with a $500,000 aggregate cap across all institutional Defendants in the same case. Economic damages, including past and future medical expenses and lost income, are not capped and can be recovered in full.
What if medical negligence caused a wrongful death in Texas?
A Texas wrongful death claim arising from medical malpractice may only be brought by the deceased person’s spouse, children, and parents, on behalf of themselves and the estate of the deceased. Texas law does not extend wrongful death standing to siblings, fiancés, grandchildren, aunts, uncles, nieces, or nephews. The claim is otherwise governed by the same Chapter 74 framework, including presuit notice, the two-year statute of limitations, and the expert report requirement, that applies to all Texas medical malpractice cases.
What if the deceased person had no surviving spouse, children, or parents?
If no eligible wrongful death Plaintiff exists, a survival claim may be pursued on behalf of the deceased person’s estate. Any recovery obtained through the estate passes to the people entitled to receive from it under Texas law. These cases require careful analysis of both the underlying malpractice claim and the estate’s beneficiary structure. If you are uncertain whether you or a family member has standing to bring a claim, we can help clarify your options.
Are the damages caps different in a Texas wrongful death malpractice case?
Yes. Wrongful death and survival claims are governed by a separate cap under Tex. Civ. Prac. & Rem. Code §74.303, not the §74.301 structure that applies to non-death cases. Under §74.303, non-economic damages in a wrongful death or survival claim against a single physician or health care provider are subject to a combined limit of $500,000. In some rare cases this number can be adjusted upward for inflation from a base date of August 29, 1977, using the Consumer Price Index. That inflation adjustment makes the operative cap in current cases substantially higher than the base figure. Because the §74.303 cap interacts with the number and type of defendants named, and because wrongful death cases often involve both individual and institutional defendants, calculating the actual damages ceiling requires case-specific analysis. Economic damages, including lost earnings, lost financial support, and funeral and burial expenses remain uncapped.
What should I do if I suspect medical malpractice in Texas?
Write down everything you remember about what happened, dates, providers, what you were told, and what changed in your or your family member’s condition. Gather whatever medical records, discharge paperwork, or billing statements you have access to. Then contact a Texas medical malpractice attorney as soon as possible. Texas’s two-year statute of limitations under §74.251 runs from the date of the negligent act, and the presuit notice and expert report requirements mean case preparation must begin well before that deadline.
What happens during a consultation with The Borah Law Firm, PLLC?
We review the facts of your situation, answer your questions, and provide an honest assessment of whether your case appears to have merit under Texas law, based on the limited information available at that point. There is no obligation and no pressure. We understand that reaching out after a serious medical event takes courage and we treat every consultation accordingly.
How do I start a Texas medical malpractice claim?
Contact The Borah Law Firm, PLLC so you can tell us your story. We will listen to what happened, explain the next steps, and help you decide how to proceed. You do not need to have all the answers before you reach out — that is what the consultation is for. We represent clients across Texas, including Austin, San Antonio, Dallas, Houston, and communities throughout the state.
We Can Help
At The Borah Law Firm, PLLC, we only handle medical malpractice cases, nothing else. We represent patients and families across Texas whose cases involve hospitals, nursing homes, assisted living facilities, and, sometimes, individual providers. If you believe a loved one received substandard medical care, we can help you understand whether a case exists and what your options are.
Contact us today so you can tell us your story.
Contact us today so you can tell us your story.
Find out if you have a case.
At The Borah Law Firm, we represent patients and families across Texas in medical malpractice cases involving hospitals, nursing homes, assisted living facilities, and other care settings. We only handle these cases — nothing else. If you believe a loved one received substandard care inside a Texas healthcare facility, we can help you understand whether a case exists and what your options are.
Contact Us
7500 Rialto Boulevard Building 1, Suite 250 Austin, Texas 78735 By Appointment Only 512-774-3710 |
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