Texas Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Texas medical malpractice attorneys who know Tex. Civ. Prac. & Rem. Code Chapter 74, the 60-day pre-suit notice, the 120-day expert report requirement under § 74.351, and how to litigate against Texas Medical Center (Houston Methodist, MD Anderson, Memorial Hermann, Texas Children’s, Houston Methodist Willowbrook, Baylor), HCA Healthcare, Ascension, Baylor Scott & White, and UT Southwestern defense teams. Whether your injury happened in Houston, Dallas, San Antonio, or Austin, we’ll match you with the right attorney — at no cost to get started.

Under Chapter 74, a healthcare provider deviates from accepted standards of medical care, and the deviation proximately causes injury. Expert testimony from a same-specialty physician is required.

Tex. Civ. Prac. & Rem. Code § 74.301 caps non-economic damages at $250,000 per individual practitioner, plus $250,000 per healthcare institution (with a $500,000 cap across multiple institutions). Total non-economic cap: $750,000. Economic damages are uncapped. Cap upheld by Texas Supreme Court in multiple cases.

Physicians, nurses, dentists, hospitals (Houston Methodist, Memorial Hermann, MD Anderson, Texas Children’s, Baylor Scott & White, Baylor College of Medicine, HCA TX hospitals, Ascension Seton, UT Southwestern, UT Health Houston, UT Health San Antonio), surgery centers, and LTC. UT-system hospitals are state institutions.

Texas is generally occurrence-based: 2 years from the act, completion of care, or hospitalization (§ 74.251). Narrow discovery exceptions for foreign objects and certain undiscovered injuries. 10-year statute of repose is a hard outer limit.

Under Tex. Civ. Prac. & Rem. Code § 74.351, within 120 days of each defendant’s answer, the plaintiff must serve an expert report from a same-specialty physician summarizing standard of care, breach, and causation. Failure or inadequate report = mandatory dismissal with attorney’s-fee award to defendant. This is the central battleground in Texas med-mal litigation.

UT-system hospitals are state institutions subject to the Texas Tort Claims Act with separate procedures, limited damages, and 6-month notice. UT Southwestern, UT Health Houston, UT Health San Antonio, UT Medical Branch (Galveston), and UT MD Anderson are all UT-system.

Expert report costs, standard-of-care experts, causation experts, life-care planners, and economists in Texas med-mal defense ecosystems (especially TMC) typically push case-cost advances to $100,000–$400,000 in serious cases.

Why Do You Need a Medical Malpractice Attorney in Texas?

Texas has one of the most defendant-friendly medical malpractice regimes in the country. Under Tex. Civ. Prac. & Rem. Code Ch. 74, non-economic damages are capped at $250,000 per individual healthcare practitioner, $250,000 per single healthcare institution, and $500,000 per multiple healthcare institutions — for a maximum non-economic cap of $750,000 ($250k per practitioner + $250k per first institution + $250k per second institution). Economic damages are uncapped. Within 120 days of each defendant filing its answer, the plaintiff must serve an expert report under § 74.351 from a physician practicing the same specialty — failure leads to mandatory dismissal with attorney’s-fee awards to the defendant. The 2-year SOL (§ 74.251) is occurrence-based with a 10-year statute of repose. Texas Medical Center in Houston is the largest medical complex in the world, and defense teams are extraordinarily sophisticated.

When Do You Need a Medical Malpractice Attorney in Texas?

Our network includes Texas medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in Texas

From the moment you connect with a Texas medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 120-day Expert Report deadline under § 74.351 — mandatory dismissal with attorney-fee award to defendant

Filing without the 60-day Pre-Suit Notice under § 74.051

Missing the 2-year act-based SOL under § 74.251 by relying on a discovery argument that does not apply

Suing UT Southwestern, UT Health, or UT MD Anderson in district court without complying with the Texas Tort Claims Act

Failing to apply the § 74.153 willful-and-wanton standard for emergency medical care correctly

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Missing the 120-day Expert Report deadline under § 74.351 — mandatory dismissal with attorney-fee award to defendant

Filing without the 60-day Pre-Suit Notice under § 74.051

Missing the 2-year act-based SOL under § 74.251 by relying on a discovery argument that does not apply

Suing UT Southwestern, UT Health, or UT MD Anderson in district court without complying with the Texas Tort Claims Act

Failing to apply the § 74.153 willful-and-wanton standard for emergency medical care correctly

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Common Texas Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Texas does not statutorily cap medical malpractice contingency fees in most cases (court approval applies for minor settlements). Typical fees range from 33% pre-suit to 40% at trial. Expert reports, standard-of-care experts, and life-care planning push case-cost advances to $100,000–$400,000 in serious cases.

What Can Your Texas Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future care, lost wages, lost earning capacity, life-care plans, and rehabilitation. Texas does not cap economic damages.

Non-Economic Damages (Stacking Cap)

$250k per practitioner + $250k per first institution + $250k per second institution = up to $750k aggregate (§ 74.301). Cap covers pain, suffering, mental anguish, loss of enjoyment.

Punitive Damages

Available under Tex. Civ. Prac. & Rem. Code § 41.003 for fraud, malice, or gross negligence by clear and convincing evidence. Cap: greater of 2x economic + non-economic up to $750k, or $200,000.

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. Subject to the § 74.301 stacking cap structure.

Wrongful Death (Capped Separately ~ $500k Indexed)

Texas Wrongful Death Act with separate cap under § 74.303 (approximately $500,000 indexed, with separate stacking calculations).

Several Liability (Proportionate)

Texas applies proportionate responsibility under Tex. Civ. Prac. & Rem. Code § 33.001 et seq. — each defendant pays its percentage of fault; joint liability above 50%.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Texas Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in Texas?

When Do You Need a Medical Malpractice Attorney in Texas?

Types of Medical Malpractice Cases in Texas

Common Texas Medical Malpractice Mistakes

How Much Do Texas Medical Malpractice Attorneys Cost?

What Can Your Texas Medical Malpractice Compensation Include?

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