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What Is Medical Negligence?

Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in preventable patient harm. Not every negative medical outcome is malpractice—but when a doctor, nurse, hospital, or other medical professional's substandard care causes injury, you have legal rights.

What Is Medical Negligence?
Key Elements of a Medical Negligence Claim

Key Elements of a Medical Negligence Claim

Duty of Care: A doctor-patient relationship existed

Breach of Standard: The provider failed to meet accepted medical standards

Causation: The breach directly caused your injury

Damages: You suffered measurable harm or losses

Types of Medical Negligence Cases We Handle

Our medical malpractice lawyers El Paso TX represent victims of all forms of medical malpractice throughout Texas:

Surgical Errors

Operating on the wrong body part or patient

Leaving surgical instruments or sponges inside the body

Unnecessary or unauthorized procedures

Nerve damage during surgery

Post-operative infection due to negligence

Misdiagnosis & Delayed Diagnosis

Cancer misdiagnosis or failure to diagnose

Heart attack or stroke misdiagnosis

Failure to order appropriate diagnostic tests

Misreading lab results or imaging studies

Dismissing serious symptoms

Medication Errors

Prescribing any wrong medication or dosage

Pharmacy dispensing errors

Failure to recognize dangerous drug interactions

Administering incorrect medications in hospitals

Lack of proper patient monitoring

Birth Injuries

Failure to detect fetal distress

Delayed or improper C-section decisions

Improper use of forceps or vacuum extractors

Erb's palsy and brachial plexus injuries

Cerebral palsy due to oxygen deprivation

Maternal injuries during delivery

Anesthesia Errors

Administering too much or too little anesthesia

Failure to monitor the patient's vital signs

Intubation errors, causing brain damage

Allergic reaction negligence

Failure to review the patient's medical history

Hospital Negligence

Inadequate staffing levels

Failure to prevent or treat infections

Improper patient monitoring

Emergency room negligence

Nursing home abuse or neglect

Emergency Room Errors

Failure to triage properly

Premature discharge

Ignoring critical symptoms

Understaffing during peak hours

Types of Medical Negligence Cases We Handle

Have you been injured due to medical negligence?

Contact us today
Have You Been Injured Due to Medical Negligence?
How Texas Medical Negligence Laws Protect You

How Texas Medical Negligence Laws Protect You

Texas has specific laws governing medical malpractice claims that affect your ability to seek compensation:

Statute of Limitations

You generally have two years from the date of injury or discovery of harm to file a medical negligence lawsuit in Texas. For minors under 12, different rules may apply.

Expert Witness Requirements

Texas law requires expert medical testimony to establish that negligence occurred. We work with qualified medical experts who can validate your claim.

Damage Caps

Texas limits non-economic damages (pain and suffering) in medical malpractice cases:

$250,000 per physician or healthcare provider

$250,000 for a single healthcare institution

$500,000 maximum for multiple institutions

Note: Economic damages (medical bills, lost wages) have no caps.

Certificate of Merit

Before filing suit, your attorney must obtain a report from a qualified medical expert confirming your claim has merit.

Time is critical in medical negligence cases. Contact our firm immediately to protect your rights.

Signs You May Have a Medical Negligence Case

Many patients don't realize they've been victims of medical negligence. Watch for these warning signs:

Your condition worsened despite treatment

You suffered unexpected complications

Your diagnosis contradicts a second opinion

Treatment differs significantly from standard protocols

Healthcare providers are evasive about what happened

Medical records contain errors or missing information

You experienced severe side effects that weren't disclosed

Your healthcare provider admits that an error occurred

If you suspect medical negligence, seek a second medical opinion and consult with a medical malpractice attorney El Paso immediately.

Signs You May Have a Medical Negligence Case
Compensation Available in Medical Negligence Cases

Compensation Available in Medical Negligence Cases

Victims of medical negligence may recover multiple types of damages:

Economic Damages (No Limit)

Past and future medical expenses

Rehabilitation and therapy costs

Lost wages and earning capacity

Cost of home modifications or assistance

Medical equipment and devices

Non-Economic Damages (Capped)

Pain and suffering

Emotional distress

Loss of quality of life

Disfigurement or disability

Loss of consortium (for spouses)

Punitive Damages (Rare)

In cases of gross negligence or intentional harm, courts may award punitive damages to punish the defendant.

Our goal is to maximize your recovery to cover all losses—past, present, and future.

Ask For A Free Case Evaluation

Why Choose Our Texas Medical Negligence Attorneys?

Proven Track Record

We've successfully recovered millions of dollars for medical negligence victims across Texas. Our results speak for themselves.

Medical & Legal Expertise

Our team includes medical malpractice and wrongful death attorney El Paso with medical knowledge and access to top medical experts who strengthen your case.

No Upfront Costs

We work on a contingency fee basis—you pay nothing unless we win your case.

Personalized Attention

You're not just a case number. We provide compassionate, individualized representation throughout the entire legal process.

Trial-Ready Approach

While many cases settle, we're always prepared to take your case to trial if necessary to secure fair compensation.

Statewide Representation

We represent clients throughout Texas, including Houston, Dallas, San Antonio, Austin, Fort Worth, El Paso, and surrounding areas.

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How We Build a Strong Medical Negligence Case
Our Medical Negligence Case Process

Our Medical Negligence Case Process

1. Free Consultation

We'll review your case details, medical records, and answer your questions at no cost or obligation.

2. Investigation & Expert Review

Our team conducts a thorough investigation and consults with medical experts to evaluate the merits of your claim.

3. Filing Your Claim

Once we've gathered sufficient evidence and expert reports, we'll file your medical negligence lawsuit within the statute of limitations.

4. Discovery & Negotiation

We'll engage in the discovery process, depose witnesses, and negotiate with insurance companies and defense attorneys.

5. Settlement or Trial

Many cases settle before trial, but if a fair settlement cannot be reached, we're prepared to present your case before a jury.

6. Recovery

Upon successful resolution, you'll receive compensation to help rebuild your life and cover your losses.

Common Injuries from Medical Negligence

Medical negligence can result in severe, life-altering injuries:

Permanent disability or paralysis

Brain damage or cognitive impairment

Organ damage or failure

Unnecessary amputation

Chronic pain conditions

Disfigurement or scarring

Worsened medical conditions

Wrongful death

These injuries often require extensive ongoing medical care, rehabilitation, and lifestyle adjustments. Our McAllen wrongful death lawyer fights to ensure you receive compensation that addresses your long-term needs.

Common Injuries from Medical Negligence
Taking Action Against Negligent Healthcare Providers

Taking Action Against Negligent Healthcare Providers

Holding negligent healthcare providers accountable serves multiple purposes:

Justice for You

You deserve compensation for the harm you've suffered through no fault of your own.

Financial Security

Medical negligence often results in substantial medical bills and lost income. Compensation helps you maintain financial stability.

Preventing Future Harm

Lawsuits encourage healthcare providers and institutions to improve their practices and prevent similar incidents.

Accountability

Medical professionals must be held to the high standards their profession demands.

Don't let negligent healthcare providers avoid responsibility. Stand up for your rights.

Our Commitment to You

✓ Free, confidential consultation

✓ No fees unless we win

✓ Compassionate, personalized service

✓ Aggressive representation

✓ Maximum compensation for your injuries

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Our Commitment to You
We Serve All of Texas

We Serve All of Texas

Our medical negligence attorneys represent clients throughout the state, including:

Houston & Harris County

Dallas & Dallas County

San Antonio & Bexar County

Austin & Travis County

Fort Worth & Tarrant County

El Paso & El Paso County

Arlington, Corpus Christi, Plano

All surrounding areas and counties

No matter where your injury occurred in Texas, we're here to help.

Contact Our Texas Medical Negligence Attorneys Today

If you or a loved one has been harmed by medical negligence, time is of the essence. Evidence must be preserved, witnesses interviewed, and legal deadlines met. Don't wait to protect your rights and pursue the compensation you deserve.

Call (866) 949-1987 24/7

Fill out our online contact form for a prompt response

Have You Been Injured Due to Medical Negligence?

FAQs

How do I know if I have a medical negligence case?

If you've been injured due to substandard medical care, you may have a case. The best way to find out is to consult with an experienced El Paso wrongful death attorney who can evaluate your situation and medical records.

How long do I have to file a lawsuit in Texas?

Generally, you have two years from the date of injury or discovery. However, exceptions exist, so it's crucial to consult an attorney as soon as possible.

Will my case go to trial?

Most medical negligence cases settle out of court. However, we're always prepared to go to trial if necessary to secure the compensation you deserve.

How much does it cost to hire a medical negligence attorney?

We work on a contingency fee basis, meaning you pay no upfront costs. We only collect a fee if we win your case.

Can I sue a hospital, or only the doctor?

You may be able to sue both. Hospitals can be held liable for their own negligence, staff negligence, or inadequate policies and procedures.