Written by Amanda Demanda

Medical Malpractice Lawyers in Houston, Texas

The risk of medical negligence in Houston hospitals and healthcare centers is a critical issue. Medical malpractice can lead to severe injuries or complications, prolonged pain and suffering, or even wrongful death for patients who entrust their care to healthcare providers. At Amanda Demanda Injury Lawyers, our Houston malpractice attorneys are committed to holding negligent doctors, hospitals, and medical centers accountable.

We fight for justice on behalf of victims whose lives have been shattered by negligent medical practices. With a relentless approach to uncovering the facts and utilizing expert testimonies, we are prepared to take on even the most powerful healthcare institutions and their insurers. If you or your loved one has been harmed by a negligent medical provider, trust our award-winning personal injury lawyers in Houston to aggressively pursue the highest possible compensation for your injuries and losses.

Judges Hammer And A Stethoscope In Front Of A Doctor

Medical Malpractice Laws in Houston, TX

At Amanda Demanda Injury Lawyers, our experienced medical negligence lawyers in Houston will use the full force of the state’s medical malpractice laws to hold the negligent healthcare providers liable for maximum damages on your behalf.

Legal Definition of Medical Malpractice

Medical malpractice in Texas refers to a legal claim arising when a healthcare professional’s negligent actions or omissions result in harm to a patient. According to Texas Civil Practice & Remedies Code § 74.001, medical malpractice occurs when a healthcare provider is negligent in diagnosis, treatment, aftercare, or health management, which leads to patient harm. This legal definition covers doctors, nurses, hospitals, and other healthcare institutions.

Standard of Care

The standard of care in medical malpractice cases refers to the level and type of care that a reasonably competent healthcare professional, with similar training and in the same medical community, would have provided under similar circumstances. The Texas Civil Practice & Remedies Code § 74.301 establishes that a healthcare provider’s actions are evaluated based on this standard. Plaintiffs must demonstrate that the defendant deviated from this standard, causing harm that would not have occurred with proper care.

Expert Report Requirement

In Texas medical malpractice cases, the expert report requirement mandates that a qualified medical expert must provide a written report detailing how the defendant deviated from the standard of care and how that negligence caused the plaintiff’s injuries. This is outlined in Texas Civil Practice & Remedies Code § 74.351. The plaintiff is required to file this report within 120 days of the lawsuit’s initiation, and failure to comply can result in the dismissal of the case.

Caps on General Damages in Medical Malpractice Claims

Texas imposes caps on general or non-economic damages (such as, pain and suffering and emotional distress) in medical malpractice cases. The limit is $250,000 per claimant against a single healthcare provider and $500,000 total if multiple institutions are involved, under Texas Civil Practice & Remedies Code § 74.301. There is no cap on the specific or economic damages, such as current and future medical expenses, lost wages, and loss of earning capacity, which the patient may incur.

Types of Medical Malpractice Cases Our Medical Harm Lawyers in Houston Can Handle for You

At Amanda Demanda Injury Lawyers, our medical and surgical error attorneys in Houston are equipped to handle all types of medical malpractice claims, including:

Surgical Errors – Mistakes during surgery such as wrong-site surgery, anesthesia errors, or postoperative infections.
Misdiagnosis or Delayed Diagnosis – Failure to diagnose a condition correctly or within a reasonable time frame, leading to worsened outcomes.
Anesthesia Errors: Anesthesia errors occur when mistakes in administering anesthesia lead to harm, including incorrect dosage, delayed oxygen delivery, or failure to monitor.
Hospital Negligence – Inadequate staffing, improper patient care, or failure to maintain sanitary conditions leading to infections or other complications.
Failure to Treat – Failure of the healthcare professional to provide timely or appropriate treatment, resulting in preventable injury or death.
Emergency Room Errors – Mistakes made in the high-pressure environment of an ER, such as failure to triage or diagnose critical conditions.
Birth Injuries – Negligent prenatal care or delivery errors that result in injuries to the mother or newborn, such as cerebral palsy or Erb’s palsy.
Dental Malpractice – Errors in dental procedures, such as unnecessary extractions, nerve damage, or failure to diagnose oral cancer, leading to serious injuries or complications.
Medication Errors – Incorrect dosage, prescribing the wrong medication, or failing to check for harmful drug interactions.
Radiology Errors – Misreading x-rays, MRIs, or CT scans, resulting in missed or incorrect diagnoses, delaying critical treatment.
Defective Medical Devices – Injuries caused by malfunctioning or improperly implanted medical devices, including hip replacements, pacemakers, or surgical instruments, leading to severe health consequences.

Steps Our Houston Medical Malpractice Attorney Will Take to Pursue Compensation for You

Our Houston medical malpractice lawyer team at Amanda Demanda Injury Lawyers will move fast and aggressively to pursue your medical malpractice claim for maximum damages.

Initial Case Evaluation and Investigation

We will begin by thoroughly reviewing your medical records and discussing the details of your treatment to identify any potential negligence. We consult medical experts to assess whether your healthcare provider failed to meet the standard of care.

Notice of Claim

Texas law requires that a Notice of Claim be sent to the healthcare provider at least 60 days before filing a lawsuit (Texas Civil Practice & Remedies Code § 74.051). This notice informs the defendant that you intend to file a claim and includes an authorization form for the release of your medical records.

Judges Hammer And Some Medical Equipment On The Table

Expert Report Submission

Within 120 days of filing the lawsuit, an expert medical witness must provide a detailed Expert Report explaining how the healthcare provider’s negligence caused your injury (Texas Civil Practice & Remedies Code § 74.351). This report must be submitted to the defendant, or the case risks dismissal. We work with reputable medical experts to create compelling reports that strengthen your claim.

Filing the Lawsuit

After the notice period, we will file the medical malpractice lawsuit in the appropriate court. The lawsuit will name the negligent parties and outline the specific allegations of malpractice. In medical malpractice claims, it is important to act within the two-year statute of limitations (Texas Civil Practice & Remedies Code § 74.251), or you may be barred from recovering any damages.

Gathering and Preserving Evidence

We will collect all relevant medical records, medical bills, and any documentation showing the impact of the injury. This may include depositions from witnesses, healthcare providers, and leading medical experts to support your claim. We will also ensure that evidence such as internal hospital reports or communications between providers is preserved.

Medical Review by Expert Witnesses

Our legal team will retain qualified medical experts who can provide testimony in support of your claim. They will evaluate whether the medical professional who treated you deviated from the accepted medical standard of care, which is central to proving liability.

Negotiations with Insurance Companies

After filing, we will begin settlement negotiations with the defendant’s insurance company. Our attorneys will present evidence, expert reports, and damages to demand a fair settlement. We negotiate aggressively to secure maximum compensation, covering medical expenses, lost wages, pain and suffering, and any long-term consequences of the malpractice.

Preparing for Trial, if Needed

If settlement negotiations do not lead to a fair outcome, we prepare your case for trial. In Houston medical malpractice lawsuits, this includes pre-trial motions, discovery, and depositions. Our trial-ready approach ensures that we are fully prepared to present a strong case in front of a judge and jury, utilizing medical evidence, witness testimony, and expert opinions.

How Our Houston Medical Malpractice Lawyers Prove Breach of Standard of Care

To prove a breach of the standard of care in a medical malpractice case caused the injuries or complications you suffered, our Houston medical malpractice law firm will gather comprehensive evidence, including:

Medical Records

Patient Charts: Comprehensive documentation of the patient’s medical history, treatment plans, and notes from healthcare providers.
Progress Notes: Daily or regular notes that track the patient’s condition, treatment response, and any changes made.
Test Results: Lab results, x-rays, MRIs, or other imaging reports, and diagnostic tests that are pertinent to the case.

Expert Witness Testimony

Medical Experts: Testimony from other medical professionals who can establish the accepted standard of care and explain how it was breached in your case.
Specialists: In some cases, specialists relevant to the specific type of care involved may provide insight into the appropriate standards.

Deposition Transcripts

Witness Statements: Recorded testimonies from involved parties, including healthcare providers, administrative staff, and other witnesses who may have observed the care provided.

Photographic Evidence

Injuries and Conditions: Photographs documenting the patient’s injuries or complications, which can illustrate the extent of harm.
Medical Facilities: Images of the healthcare facility, including sanitation practices, equipment, and conditions, if relevant to the case.

Written Correspondence

Emails and Letters: Communication between the patient and healthcare providers that can indicate acknowledgment of issues or mismanagement.
Referral Letters: Documentation regarding referrals to other specialists or facilities that may shed light on the course of treatment.

Informed Consent Forms

Signed Documents: Consent forms that may reveal whether the patient was adequately informed of the risks and benefits of procedures or treatments and if the care provided met the informed consent standards.

Internal Policies and Protocols

Hospital Policies: Written policies or guidelines from the medical facility regarding patient care, treatment protocols, and safety procedures that can establish what the standard of care should have been.
Training Materials: Documentation that shows how staff are trained to handle specific procedures or situations and prevent a medical error.

Peer Reviews and Audit Reports

Quality Assurance Reports: Reviews of medical practices and procedures within the healthcare facility that may highlight systemic issues or breaches in the standard of care.
Patient Safety Audits: Reports that evaluate compliance with established safety protocols and identify areas of concern.

Previous Complaints or Lawsuits

Prior Records: Any history of complaints or legal actions against the healthcare provider or facility that may indicate a pattern of negligent behavior.

Publicly Available Data

Hospital Statistics: Data regarding the facility’s performance, including rates of complications, infection rates, and patient outcomes, that can be compared against state or national averages.

Our Highly Rated Houston, TX Medical Malpractice Lawyers Will Fight to Maximize Your Compensation

At Amanda Demanda Injury Lawyers, we believe that every victim of medical negligence deserves a strong advocate in their corner. If you have been harmed due to a healthcare provider’s negligent actions, it is time to fight back. Our experienced medical malpractice attorney in Houston is prepared to challenge the system and hold the defendants accountable for their actions. Don’t let the clock run out—reach out to us now, and let us unleash our legal firepower to pursue the largest possible compensation for you. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.

Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.