1. Davis & Davis, Attorneys At Law
Focus Area: Surgical errors, birth injuries, hospital liability, medication errors
Practice Areas: Medical malpractice, surgical errors, birth injuries, labor injuries, hospital negligence, medication errors, misdiagnosis, wrongful death
Background: The firm’s Houston medical malpractice lawyers have nearly 70 years of combined experience and have handled more than 300 jury trials. Steven R. Davis and John A. Davis, Jr. lead the firm with a reputation for fighting hard for victims of medical mistakes. While based in Houston, their attorneys handle cases nationwide. They take on medical malpractice cases that other firms are unwilling to accept and represent clients on a contingency fee basis.
Location: 5847 San Felipe Street, Suite 2750, Houston, TX 77057
Contact: (832) 674-7200 | https://www.davis-davislaw.com
Consultation: Free consultation; no fees unless the case is won
2. Hastings Law Firm, Medical Malpractice Lawyers
Focus Area: Failure to diagnose, medical mistakes, defective implants, surgical errors
Practice Areas: Medical malpractice, failure to diagnose, surgical errors, medication errors, defective medical implants, hospital negligence, emergency room errors, wrongful death
Background: Attorney Tommy Hastings is a Texas Board Certified personal injury attorney and member of the Houston Trial Association and Houston Bar. He is one of only a handful of Houston attorneys who specialize in medical liability claims. Named a Super Lawyers Rising Star from 2006 to 2013, he maintains a 5-star AVVO rating and is rated a Top Lawyer by National Trial Lawyers Association. The firm was founded in 2005 and is among the few Texas firms established since tort reform that focuses almost exclusively on medical malpractice.
Location: 2200 North Loop W, Suite 118, Houston, TX 77018
Contact: (346) 245-5495 | https://www.hastingsfirm.com
Consultation: Free consultation; contingency fee basis
3. The Lanier Law Firm
Focus Area: Medical negligence, surgical errors, misdiagnosis, birth injuries
Practice Areas: Medical malpractice, surgical errors, birth injuries, anesthesia errors, misdiagnosis, hospital negligence, nursing errors, wrongful death
Background: The firm has more than 25 years of advocating for victims of medical negligence. Their Houston medical malpractice lawyers specialize in helping victims evaluate their claims and secure compensation. The firm handles a wide range of medical malpractice cases and works to protect clients’ rights throughout the legal process.
Location: 6810 FM 1960 Road West, Houston, TX 77069
Contact: (713) 659-5200 | https://www.lanierlawfirm.com
Consultation: Free case evaluation available
4. Thomas & Wan, LLP
Focus Area: Birth injuries, cerebral palsy, hypoxia, brain injuries
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, hypoxia, brain injuries, shoulder dystocia, hospital negligence, wrongful death
Background: With over 55 years of combined experience in medical malpractice and birth injury cases, Linda Thomas and Michelle Wan are dedicated to this specialized practice area. Both are Life Members of the Multi-Million Dollar Advocates Forum, open only to attorneys with multi-million dollar verdicts and settlements. They are SuperLawyers, Houston’s Medical Malpractice Attorneys, National Trial Lawyers Association Members, and American Association of Justice Birth Trauma Litigation Forum Members. The attorneys work directly on each case themselves without referrals or hiring other law firms.
Location: 2025 Woodhead Street, Houston, TX 77019
Contact: (713) 529-1177 | https://www.thomasandwan.com
Consultation: Free consultation available
5. Van Wey, Metzler & Williams
Focus Area: Catastrophic injuries, birth injuries, surgical negligence, anesthesia errors
Practice Areas: Medical malpractice, birth injuries, surgical negligence, anesthesia errors, fatal misdiagnosis, hospital negligence, nursing errors, wrongful death
Background: The firm is nationally respected for handling exclusively catastrophic medical malpractice cases. With offices in Houston and Dallas, their Houston team focuses on birth injuries, surgical negligence, anesthesia errors, and fatal misdiagnosis. The attorneys bring decades of experience and commitment to holding healthcare providers accountable. They collaborate with medical experts to establish breaches in the standard of care and fight for maximum compensation.
Location: 700 Milam Street, Suite 1300, Houston, TX 77002
Contact: (800) 489-5082 | https://www.vanweylaw.com
Consultation: Complimentary consultation available
Medical Malpractice Laws in Texas
Statute of Limitations: Under Texas Civil Practice and Remedies Code section 74.251, medical malpractice lawsuits must be filed within two years from the date the malpractice occurred. If the medical error occurred as part of a continuous course of treatment, the two-year clock typically begins on the last day of that treatment.
Statute of Repose: Texas imposes a 10-year statute of repose on medical malpractice claims. Regardless of when the injury is discovered, no lawsuit can be filed if more than 10 years have passed since the date the alleged medical error occurred. This creates an absolute outer deadline for filing claims.
Minors Exception: When a child under the age of 12 is harmed by a medical error, a medical malpractice lawsuit can be filed until the child’s 14th birthday. For children 12 and older, the standard two-year statute of limitations applies.
60-Day Notice Requirement: Before filing a medical malpractice lawsuit in Texas courts, the prospective 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, return receipt requested, and must include an authorization form for release of protected health information.
Expert Report Requirement: Within 120 days of filing a medical malpractice lawsuit, the plaintiff must serve an expert report on each defendant. This report must be from a qualified medical professional outlining how the standard of care was breached. Failure to serve a compliant expert report within the deadline can result in dismissal of the case.
Damage Caps: Texas Civil Practice and Remedies Code sections 74.301 and 74.303 impose caps on noneconomic damages in medical malpractice cases. For claims against individual physicians or healthcare providers, noneconomic damages are capped at $250,000 per claimant. For claims against health care institutions, the cap is $250,000 per institution, with an overall cap of $500,000 for claims against multiple institutions. Economic damages (medical expenses, lost wages, future care costs) are not capped.
Comparative Negligence: Texas follows a modified comparative negligence rule. If a plaintiff is found partially at fault, their damages are reduced by their percentage of fault. However, if the plaintiff is found more than 50% responsible for their injury, they are barred from recovering any damages.
Vicarious Liability: Texas law allows healthcare institutions to be held vicariously liable for the negligent actions of their employees. Hospitals and medical facilities may be responsible for malpractice committed by doctors, nurses, and staff acting within the scope of their employment.
Wrongful Death Statute: For wrongful death cases arising from medical malpractice, separate damage caps apply under section 74.303. The cap provisions are similar, with $250,000 limits per claimant against individual providers and institutional defendants.
Discovery Rule: Texas recognizes a limited discovery rule that may extend the filing deadline when the patient could not reasonably have discovered the injury at the time it occurred. However, the 10-year statute of repose still creates an absolute outer limit.
Frequently Asked Questions
How does the $250,000 damage cap affect my Houston medical malpractice case?
Texas law caps noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $250,000 per defendant category. This means you can recover up to $250,000 from individual healthcare providers and up to $250,000 from each healthcare institution involved, with a maximum of $500,000 total from institutional defendants. However, economic damages including past and future medical expenses, lost wages, and lifetime care costs have no cap. Skilled medical malpractice attorneys focus on thoroughly documenting all economic losses, working with life care planners and vocational experts to project future needs, since these damages can be recovered in full.
What is the 60-day notice requirement and the expert report deadline in Texas?
Texas law requires two pre-filing steps. First, you must send written notice to each healthcare provider at least 60 days before filing your lawsuit, giving them an opportunity to investigate and potentially settle. Second, within 120 days after filing the lawsuit, you must serve an expert report from a qualified medical professional that explains how the defendant breached the standard of care. Missing the expert report deadline typically results in dismissal of your case. These requirements make it essential to begin working with an experienced medical malpractice attorney early, as identifying experts and building the case takes significant time.
Can I still file a lawsuit if the malpractice occurred more than two years ago in Texas?
Generally, the two-year statute of limitations prevents lawsuits filed more than two years after the malpractice occurred. However, exceptions may extend this deadline. If you were receiving continuous treatment from the same provider for the same condition, the deadline may start from the last day of treatment. If the provider fraudulently concealed the malpractice, the timeline may be tolled. For minors under 12, lawsuits can be filed until the child’s 14th birthday. Even with these exceptions, the 10-year statute of repose creates an absolute outer limit. Consulting an attorney immediately when you suspect malpractice is critical.
Why are medical malpractice cases so difficult to win in Texas?
Texas tort reform laws enacted in 2003 created significant hurdles for medical malpractice plaintiffs. The damage caps reduce potential recoveries, making it harder for attorneys to accept smaller cases economically. The expert report requirement means you must have a qualified medical expert willing to certify that malpractice occurred before you can proceed. The 60-day notice requirement gives defendants advance warning to prepare their defense. Additionally, Texas juries in many counties are considered more conservative. These factors combine to make Texas one of the more challenging states for medical malpractice litigation, requiring experienced attorneys with resources to overcome these obstacles.
What should I do immediately after suspecting medical malpractice in Houston?
First, seek medical attention to address any health issues caused by the suspected malpractice. Second, request and preserve all your medical records from the treating provider and any subsequent providers. Third, document everything including symptoms, additional treatments needed, and communications with healthcare providers. Fourth, contact an experienced Houston medical malpractice attorney promptly. Texas has strict deadlines, and building a case requires gathering records, identifying qualified experts, and complying with the 60-day notice requirement. Delays can jeopardize your ability to file within the statute of limitations and may result in lost evidence or fading memories of witnesses.