Medical malpractice occurs when a healthcare provider’s treatment falls below the accepted standard of care and causes harm. Texas has some of the most restrictive malpractice laws in the country — including mandatory expert reports and damage caps — which is exactly why having an attorney experienced with these specific requirements is essential from day one.
Attorney BJ Kemp handles medical malpractice cases throughout Greater Houston on a contingency basis. No fee unless we win.
Common Types of Medical Malpractice Claims
Misdiagnosis / Delayed Diagnosis
Failure to diagnose cancer, heart attack, stroke, or other serious condition allows disease to progress during the delay. The harm is the difference between the outcome with timely diagnosis and the outcome actually suffered.
Surgical Errors
Wrong-site surgery, retained instruments, nerve damage, uncontrolled bleeding, and anesthesia errors. Some surgical complications are inherent risks — malpractice occurs when the error was preventable and resulted from a departure from standard care.
Medication Errors
Wrong drug, wrong dose, wrong route, or failure to identify contraindications and drug interactions. Errors at the prescribing, dispensing, or administration stage can all constitute malpractice.
Birth Injuries
Cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy, and skull fractures resulting from delivery negligence. Birth injury cases carry the highest lifetime care costs of any medical malpractice claim.
Failure to Treat
Discharging a patient prematurely, failing to order indicated tests, or ignoring abnormal findings that lead to preventable harm. The standard of care requires active management, not just documentation.
Hospital Negligence
Inadequate nursing care, hospital-acquired infections from insufficient hygiene protocols, falls due to inadequate supervision, and systemic failures in patient safety systems.
Texas Civil Practice & Remedies Code Chapter 74 imposes unique requirements: (1) a 60-day notice letter must be sent to each defendant before filing; (2) an expert report from a qualified physician must be served within 120 days of filing or the case is dismissed with prejudice; (3) non-economic damages are capped at $250,000 per healthcare provider ($500,000 total in most cases). These requirements make it critical to engage an attorney immediately after any suspected malpractice.
How do you prove medical malpractice in Texas?
To prevail in a Texas medical malpractice case, you must establish four elements: (1) a duty of care existed (doctor-patient relationship); (2) the provider breached the standard of care — meaning their treatment fell below what a reasonable provider in the same specialty would do under similar circumstances; (3) the breach caused your injury (causation); and (4) you suffered quantifiable damages. Each element requires expert physician testimony — jurors cannot evaluate medical standard of care without it.
What is the statute of limitations for medical malpractice in Texas?
Two years from the date the malpractice occurred, or from the date it was discovered (or should have been discovered) — whichever is earlier — under Texas Civil Practice & Remedies Code §74.251. There is also a 10-year statute of repose. The discovery rule and fraudulent concealment can sometimes extend these deadlines, but this is complex. Contact an attorney immediately — the 60-day pre-suit notice requirement alone means you need to act well before the two-year deadline.
How Hospitals and Physicians Fight Malpractice Claims
Frequently Asked Questions
How do I know if I have a medical malpractice case?
A bad outcome alone is not malpractice. Malpractice requires that the provider’s care fell below the accepted standard and caused your harm. If you believe your care was substandard — delayed diagnosis, surgical error, wrong medication, premature discharge — contact us for a review. We work with physician consultants who can evaluate whether a departure from standard care occurred.
How long do medical malpractice cases take in Texas?
Texas malpractice cases are among the most complex personal injury matters — typically 3–5 years from injury to resolution. The mandatory expert report process, extensive medical record review, and required pre-suit notice all add time. We move as efficiently as the law allows while building the strongest possible case.
Are there damages caps in Texas medical malpractice cases?
Yes — non-economic damages (pain and suffering, mental anguish) are capped at $250,000 per defendant physician/provider and $500,000 total in most cases. There is no cap on economic damages (medical expenses, lost earning capacity, future care). In catastrophic malpractice cases, economic damages often represent the bulk of recovery.
Can I sue a hospital for a doctor’s malpractice?
It depends on the employment relationship. If the physician was a hospital employee, the hospital may be vicariously liable. If the physician was an independent contractor, the hospital may still be liable for its own negligence in credentialing, supervision, or hospital systems failures. We evaluate both the physician’s and hospital’s liability in every case.
What happens to my medical records if I file a malpractice claim?
You have the right to your complete medical records. Under Texas law (Health & Safety Code §241.154), healthcare facilities must provide records within a reasonable time. We subpoena and preserve all relevant records immediately upon engagement — before they can be altered or lost.
Related Practice Areas
Medical Malpractice Resources
BJ Kemp
Texas State Bar #24116608 • Houston, TX
BJ Kemp represents medical malpractice victims throughout Greater Houston, working with expert physicians to document negligence and pursue full compensation. Contingency basis — nothing unless we win.
(346) 971–7333 — Free Consultation