1. Van Wey & Metzler
Focus Area: Birth injuries, catastrophic medical negligence, and cases involving serious harm from healthcare provider failures
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, brain injuries, surgical errors, hospital negligence, wrongful death
Background: Kay Van Wey is the founder of Van Wey & Metzler and has more than 40 years of experience representing victims of medical negligence. She has been recognized as a Texas Super Lawyer for over 22 consecutive years. Partner Luke Metzler plays a pivotal role in complex litigation, particularly catastrophic birth injury cases. The firm has achieved significant verdicts and settlements for families affected by medical negligence and is recognized nationally for its work in medical malpractice and birth injury law.
Location: Dallas, Texas
Contact: (800) 489-5082 | https://www.vanweylaw.com/
Consultation: Free consultation available; contingency fee basis
2. Aldous Law
Focus Area: Medical malpractice resulting in brain injuries, surgical complications, medication overdoses, and catastrophic outcomes
Practice Areas: Medical malpractice, brain injuries, surgical errors, hospital negligence, medication errors, emergency room malpractice, wrongful death
Background: Attorney Charla Aldous has been named Medical Malpractice Lawyer of the Year and leads a team dedicated to protecting clients’ rights. The firm has secured notable results including verdicts and settlements in cases involving failure to monitor leading to brain injury, medical provider carelessness resulting in severe overdose, and other significant malpractice matters. The firm’s philosophy centers on both obtaining justice for clients and ensuring similar negligence does not harm others.
Location: Dallas, Texas
Contact: (214) 526-5595 | https://www.aldouslaw.com/
Consultation: Free initial case evaluation
3. Hastings Law Firm, Medical Malpractice Lawyers
Focus Area: Surgical errors, misdiagnosis, medication errors, and defective medical implants
Practice Areas: Medical malpractice, surgical errors, misdiagnosis, medication errors, defective medical devices, hospital negligence, healthcare negligence
Background: Attorney Tommy Hastings is a Board Certified personal injury attorney who focuses exclusively on medical malpractice and defective medical implant cases. He started his practice in 2001 and established his own law offices in 2005. He is well-known and well-respected within the legal community as an experienced trial lawyer with an extensive record of success. The firm serves clients throughout the Dallas-Fort Worth metroplex including Fort Worth and Arlington.
Location: 6060 N Central Expressway, Suite 575, Dallas, TX 75206
Contact: (972) 449-9399 | https://www.hastingsfirm.com/
Consultation: Free initial consultation; contingency fee basis
4. Kelso Law, PLLC
Focus Area: Medical malpractice causing catastrophic injuries and wrongful death, hospital negligence, and provider accountability cases
Practice Areas: Medical malpractice, hospital negligence, surgical errors, diagnostic errors, medication errors, birth injuries, wrongful death
Background: Firm founder Rhiannon Kelso and her team have a strong history of success with tens of millions of dollars recovered for clients in the last decade. Ms. Kelso is a two-time recipient of the CALI Excellence for the Future Award for the highest marks in both Constitutional Criminal Procedure and Trial Advocacy at Pitt Law. The firm represents injured patients and grieving families across Texas who seek accountability when healthcare providers fail to meet accepted standards of care.
Location: Dallas, Texas
Contact: Contact via website | https://www.kelsolegal.com/
Consultation: Free case review available
5. Painter Law Firm
Focus Area: Medical malpractice cases with focus on healthcare system negligence, hospital errors, and provider accountability
Practice Areas: Medical malpractice, hospital negligence, surgical errors, diagnostic errors, medication errors, nursing negligence, wrongful death
Background: Attorney Robert Painter is a former hospital administrator, giving him unique insight into how hospital systems operate in Dallas and throughout Texas. The firm focuses solely on medical malpractice cases rather than general personal injury, providing specialized knowledge of Texas medical liability laws and healthcare industry practices. The attorneys serve clients throughout Dallas and surrounding neighborhoods.
Location: Dallas, Texas (headquarters in Houston)
Contact: (281) 580-8800 | https://painterfirm.com/
Consultation: Free strategy session available
Medical Malpractice Laws in Texas
Statute of Limitations
Texas law requires medical malpractice lawsuits to be filed within two years from the date of the alleged malpractice or from the end of a continuous course of treatment. A 10-year statute of repose applies, meaning no claim may be filed more than 10 years after the negligent act occurred, regardless of when the injury was discovered. For children under 12 years of age who are injured by medical negligence, a lawsuit may be filed until the child’s 14th birthday.
Pre-Suit Notice Requirement
Before filing a medical malpractice lawsuit in Texas, the plaintiff must provide written notice of the claim to each healthcare provider to be named in the lawsuit at least 60 days before filing. This notice must be sent via certified mail with return receipt requested. Along with the notice, the plaintiff must provide an authorization form for release of protected health information so providers can investigate the claims. The 60-day notice period tolls (pauses) the statute of limitations for up to 75 days.
Expert Report Requirement
Within 120 days of filing a medical malpractice lawsuit in Texas, the plaintiff must serve an expert report on each defendant. This report must be prepared by a qualified medical professional who practices in the same specialty as the defendant. The report must identify the standard of care applicable to the defendant, explain how the defendant breached that standard, and describe how the breach caused the patient’s injuries. Failure to timely serve the expert report results in dismissal of the case and an award of attorney fees and costs to the defendant.
Damage Caps
Texas imposes statutory caps on non-economic damages in medical malpractice cases under Chapter 74 of the Civil Practice and Remedies Code:
For claims against physicians and healthcare providers: Non-economic damages are capped at $250,000 per claimant regardless of the number of defendant providers.
For claims against healthcare institutions: There is a cap of $250,000 per institution with a total cap of $500,000 for all healthcare institutions combined per claimant.
These caps apply to pain and suffering, mental anguish, loss of consortium, disfigurement, and similar non-economic losses. Economic damages including medical expenses, lost wages, loss of earning capacity, and future care costs are NOT capped and may be recovered in full.
Standard of Care
Texas requires proof that the healthcare provider failed to meet the accepted standard of care for a reasonably prudent healthcare provider in the same specialty under the same or similar circumstances. This standard must be established through expert testimony from a qualified medical professional who practices in the relevant specialty.
Comparative Negligence
Texas follows a modified comparative negligence rule (proportionate responsibility). A plaintiff who is found to be more than 50% responsible for their own injuries is completely barred from any recovery. If the plaintiff is 50% or less at fault, their recovery is reduced by their percentage of responsibility.
Vicarious Liability
Healthcare institutions in Texas may be held vicariously liable for the negligent actions of their employees under respondeat superior. However, many physicians work as independent contractors rather than hospital employees, which can limit institutional liability. Texas law requires careful analysis of employment relationships in malpractice cases.
Informed Consent
Texas recognizes claims for failure to obtain informed consent. Healthcare providers must disclose material risks, benefits, and alternatives to proposed treatments in a manner the patient can understand. The Texas Medical Disclosure Panel has established disclosure requirements for certain procedures.
Frequently Asked Questions
What makes Dallas medical malpractice cases particularly challenging?
Dallas is home to major healthcare systems including Baylor Scott & White Health, Texas Health Resources, UT Southwestern Medical Center, and Parkland Health. These institutions have significant legal resources and experienced defense counsel. Texas tort reform laws passed in 2003 created substantial barriers including mandatory 60-day pre-suit notice, expert reports within 120 days of filing, and caps on non-economic damages. The cost of prosecuting a medical malpractice case in Dallas often exceeds $100,000 in expert fees alone, meaning attorneys must be selective about which cases to accept.
How do damage caps affect victims of medical malpractice in Dallas?
The $250,000 cap on non-economic damages per defendant physician significantly limits compensation for pain and suffering, even in cases of catastrophic injury. For example, a young person who becomes permanently paralyzed due to surgical negligence receives the same maximum non-economic award as someone with far less severe injuries. However, economic damages including lifetime medical care, lost wages, and loss of earning capacity are not capped. Experienced Dallas attorneys focus on thoroughly documenting all economic losses to maximize recovery within the constraints of Texas law.
Can I file a malpractice claim against UT Southwestern or Parkland Hospital?
Parkland Health is a public hospital system, and UT Southwestern Medical Center is part of the University of Texas System. Claims against these entities may involve sovereign immunity considerations and different procedural requirements than claims against private hospitals. The Texas Tort Claims Act governs claims against governmental healthcare providers and has specific notice requirements and damage limitations that differ from standard medical malpractice rules. An attorney experienced with Dallas-area public hospital claims can explain the specific requirements.
What types of medical experts are needed for Dallas malpractice cases?
Texas law requires expert reports from physicians or healthcare providers who practice in the same specialty as the defendant. For a case against a Dallas cardiologist, you need a cardiologist expert. For a surgical malpractice case, you need a surgeon in that specialty. Experts must have active clinical practices and meet specific qualification requirements under Texas Civil Practice and Remedies Code Section 74.401. Many Dallas malpractice attorneys maintain relationships with qualified experts across medical specialties who can provide the required reports and trial testimony.
How long does a medical malpractice case take in Dallas courts?
Medical malpractice litigation in Dallas County typically takes 18 months to three years from filing to resolution, though complex cases may take longer. The timeline includes the mandatory 60-day pre-suit notice period, initial investigation and expert report preparation, filing and service, discovery including medical record production and depositions (often 12-18 months), mediation or settlement negotiations, and trial if no resolution is reached. Dallas courts have significant case backlogs, and the COVID-19 pandemic created additional delays that continue to affect scheduling in some cases.