Texas Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Texas medical malpractice attorneys who know Tex.

Free to use — no fee unless you win
Matched with a Texas attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Texas medical malpractice case review

A Texas attorney will take a look. Or call 1-833-WELEGAL.

How we match your Texas medical malpractice case

When you submit a Texas medical malpractice matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A medical malpractice matter needs someone who handles medical malpractice work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Texas law, so it goes to an attorney licensed in Texas who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a medical malpractice claim in Texas

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Texas, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Texas medical malpractice attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Most claims resolve here.
Before the 2-year deadline
Suit is filed if it has to be.
Texas gives 2 years from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 2 years
2 years from the act, completion of medical care, or hospitalization (Tex. Civ. Prac. & Rem. Code § 74.251); narrow discovery exceptions
Statute of Repose: 10 years
10 years from the act or omission (§ 74.251); foreign-object and minor-tolling exceptions apply
Non-Economic Damages Cap (Stacking): $250k
$250k per individual practitioner + $250k per first institution + $250k per second institution = up to $750k aggregate (Tex. Civ. Prac. & Rem. Code § 74.301)
Pre-Suit Requirements: 60-day Pre-Suit
60-day Pre-Suit Notice (§ 74.051); 120-day Expert Report under § 74.351 from same-specialty physician; failure = mandatory dismissal
Wrongful Death Cap: $500k
Wrongful-death cap separately set at ~$500k indexed (with separate calculations) under Tex. Civ. Prac. & Rem. Code § 74.303
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

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.

Exhibit B

When to call a medical malpractice attorney in Texas

Does any of this sound like you? Tap what applies.

Exhibit C

Medical Malpractice cases we take in Texas

Which one is closest to yours?

Surgical errors

Wrong-site, retained foreign objects, intra-operative injuries at Houston Methodist, Memorial Hermann, MD Anderson, Texas Children’s, Baylor Scott & White, HCA TX hospitals, Ascension Seton, and UT-system hospitals.

Sound like yours? A Texas attorney reviews it free — no fee unless they win.

Start my free review

Exhibit D

How much do Texas medical malpractice attorneys cost?

Sample settlement statement

Texas · Medical Malpractice

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Texas medical malpractice attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

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.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Texas medical malpractice compensation can include

A Texas medical malpractice recovery is built from several parts. Tap one to see what it covers.

Economic Damages (No Cap)

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

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.

Exhibit F

Texas medical malpractice questions, answered

Still unsure? Tell us what happened and a Texas attorney will review it for free.

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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.