1. Hastings Law Firm, Medical Malpractice Lawyers
Focus Area: Medical malpractice and dangerous medical product cases
Practice Areas: Medical negligence, surgical errors, prescription drug injuries, defective medical devices, hospital negligence, wrongful death
Background: Tommy Hastings founded the firm in 2005 and has focused almost exclusively on medical malpractice and dangerous medical product cases since then. He is board certified in personal injury trial law by the Texas Board of Legal Specialization. The firm has obtained millions of dollars in compensation for victims of medical negligence throughout Texas. The firm is among the very few in Texas that almost exclusively handles medical malpractice, and one of less than five such firms founded since tort reform.
Location: 4807 Spicewood Springs Rd., Ste 1210, Bldg. 1, Austin, TX 78759
Contact: (512) 813-0218 | https://www.hastingsfirm.com
Consultation: Free initial consultation. Contingency fee basis with no fees unless compensation is recovered.
2. Winckler, Harvey & McConnell, LLP
Focus Area: Medical malpractice and complex personal injury litigation
Practice Areas: Brain injury, birth trauma, surgical errors, diagnostic failures, hospital negligence, nursing malpractice, wrongful death, paralysis cases
Background: The firm has more than 100 combined years of experience winning compensation from insurance companies. Jay Harvey and Jay Winckler are both Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Jay Harvey has been included on the Best Lawyers list since 2006, and Jay Winckler since 2009. The firm has earned a spot on the Best Law Firms list since 2010. Sean A. McConnell has been selected for Texas Super Lawyers’ Rising Stars list since 2020. Jay Harvey served as president of the Texas Trial Lawyers Association and currently serves on its board.
Location: Austin, Texas (main office)
Contact: (512) 593-7399 | https://www.wincklerharvey.com
Consultation: Free consultation. Contingency fee basis with no attorney fees until recovery.
3. Howry Breen & Herman, LLP
Focus Area: Medical negligence and catastrophic injury litigation
Practice Areas: Surgical errors, diagnostic failures, hospital negligence, birth injuries, anesthesia errors, medication errors, emergency room malpractice, wrongful death
Background: The firm has recovered more than $250 million for clients. Sean Breen was inducted into the Texas Verdicts Hall of Fame in 2011 and 2016 for verdicts exceeding $10 million, including the #1 Premises Liability Top Texas Verdict. Sean Breen has been selected to America’s Top 100 Personal Injury Attorneys, an invitation-only organization reserved for exceptional litigators handling high-value medical malpractice matters. The firm coordinates with qualified medical professionals at institutions such as Ascension Seton Medical Center and St. David’s HealthCare to review cases.
Location: Austin, Texas
Contact: (512) 474-8222 | https://www.howrybreen.com
Consultation: Free consultation available. Contingency fee arrangement.
4. Law Office of Ryan Krebs, M.D., J.D.
Focus Area: Medical malpractice with dual medical and legal expertise
Practice Areas: Personal injury, wrongful death, medical malpractice, surgical errors, diagnostic failures, medication errors
Background: Ryan Krebs holds both an M.D. and J.D., providing unique insight into medical malpractice cases. He received his B.S. from Stanford University in 1975, his M.D. from Southwestern Medical School in Dallas in 1979, completed an internal medicine residency at the University of Michigan Affiliated Hospitals from 1979 to 1982, and received his J.D. thereafter. His dual medical and legal training enables comprehensive case evaluation from both clinical and legal perspectives.
Location: 805 W. 10th Street, Suite 300, Austin, Texas 78701
Contact: https://ryankrebsmdjd.com
Consultation: Contact firm for consultation details.
5. Sandoval & James, PLLC
Focus Area: Medical malpractice and serious injury cases
Practice Areas: Surgical errors, misdiagnosis, delayed diagnosis, medication errors, anesthesia errors, birth injuries, hospital negligence, nursing home abuse, wrongful death
Background: The firm represents Texans injured by doctors and medical professionals who made avoidable mistakes. The attorneys handle complex medical malpractice cases involving all types of medical errors. The firm maintains a 4.9 rating from over 2,251 reviews on Google Maps. Their approach emphasizes thorough preparation and readiness to take every matter to a jury to secure maximum compensation.
Location: Austin, Texas
Contact: (512) 382-7707 | https://sj-lawfirm.com
Consultation: Free initial consultation available.
Medical Malpractice Laws in Texas
Statute of Limitations
Medical malpractice claims in Texas must be filed within two years from the date of the malpractice or the end of continuous treatment by the same healthcare provider. Texas also imposes a 10-year statute of repose, which serves as an absolute deadline regardless of when the injury was discovered. For children under 12 years of age, the deadline extends until the child’s 14th birthday.
Pre-Suit Notice Requirements
Before filing a medical malpractice lawsuit, claimants must provide 60 days’ written notice to each healthcare provider via certified mail. This notice must include authorization for medical records. The notice requirement tolls the statute of limitations for up to 75 days, providing additional time for case preparation.
Expert Report Requirements
Plaintiffs must serve an expert report within 120 days of filing the lawsuit. The expert must be a physician practicing in the same specialty as the defendant. The report must identify the applicable standard of care, explain how the defendant breached that standard, and establish causation between the breach and the injury. Failure to provide a compliant expert report results in dismissal of the case and an award of defendant’s attorney fees.
Damage Caps
Non-economic damages in Texas medical malpractice cases are subject to statutory caps. Claimants may recover up to $250,000 per claimant for all physicians combined. For healthcare institutions, the cap is $250,000 per institution with a total cap of $500,000 for all institutions combined. Economic damages, including medical expenses, lost wages, and future care costs, are not subject to any cap.
Comparative Negligence
Texas follows a modified comparative negligence rule. If the claimant is found to be more than 50% at fault for their injuries, they cannot recover any damages. If the claimant’s fault is 50% or less, their recovery is reduced proportionally by their percentage of fault.
Vicarious Liability
Healthcare institutions may be held vicariously liable for the negligence of their employees. Hospitals can be liable for the actions of employed physicians, nurses, and staff members acting within the scope of their employment. Independent contractors generally do not create vicarious liability for the institution.
Informed Consent
Healthcare providers must obtain informed consent before treatment. Failure to adequately inform patients of risks, alternatives, and potential outcomes may constitute a separate basis for liability.
Frequently Asked Questions
What makes medical malpractice cases in Austin particularly complex?
Austin is home to multiple major healthcare systems including Ascension Seton, St. David’s HealthCare, and Dell Seton Medical Center at The University of Texas. Cases involving teaching hospitals or academic medical centers often involve multiple providers and complex questions about supervision and training protocols. The presence of medical research facilities also raises issues about experimental treatments and informed consent that require attorneys with specialized knowledge.
How does the 120-day expert report deadline affect my case timeline?
Once your lawsuit is filed in Travis County or surrounding courts, your attorney must obtain and serve a detailed expert report within 120 days. This report must come from a qualified physician who practices in the same specialty as the defendant. Given Austin’s competitive medical community, securing the right expert witness quickly is essential. Many cases are dismissed for failure to meet this deadline, making early consultation with experienced counsel critical.
Can I sue both my doctor and the hospital where I received treatment?
Texas law allows claims against multiple defendants when each contributed to the harm. If a physician employed by a hospital commits malpractice, both the physician and the hospital may be liable. However, if the physician is an independent contractor rather than an employee, the hospital’s liability becomes more limited. An attorney can analyze the employment relationships and determine all potentially liable parties.
What happens if my injury was not immediately apparent after treatment?
Texas courts recognize the “discovery rule” in limited circumstances, which may toll the statute of limitations until you knew or should have known about the injury and its connection to medical care. However, the 10-year statute of repose creates an absolute deadline regardless of discovery. Cases involving delayed diagnosis of cancer, retained surgical instruments, or progressive conditions from negligent care require careful analysis of when the limitations period began.
How do Texas damage caps affect the value of my Austin medical malpractice case?
The $250,000 cap on non-economic damages per claimant against physicians and the separate caps for institutions significantly impact case value calculations. However, economic damages including past and future medical expenses, lost earnings, and costs of ongoing care have no cap. Cases involving catastrophic injuries with substantial future care needs may still result in significant recoveries despite the non-economic damage limitations.