Medical Malpractice Lawyer in McAllen TX | No Fee Unless We Win

Medical malpractice in Texas is a health care liability claim under Chapter 74 of the Civil Practice and Remedies Code. It happens when a medical professional fails to meet the accepted standard of care and that failure causes injury or death. A poor result alone is not enough. The care itself has to fall below what your condition required.

A physician has to say so in writing before your case can move forward.

Nothing up front. Our firm works on a contingency fee which means payment comes as a percentage of what we recover for you. If we recover nothing you owe no attorney fee. The percentage is stated in writing before you sign and case expenses are advanced by the firm.

Malpractice files carry higher costs than other injury claims because expert review is expensive. We carry that cost.

Two years from the date of the negligent act or the end of your course of treatment or the end of the hospitalization under Section 74.251. A separate ten year outer limit applies no matter when you discovered the harm. Claims for children and claims against public hospitals follow different rules.

Missing either deadline usually ends the claim for good.

It is a written opinion from a qualified physician covering the standard of care and how it was broken and how that break caused your harm. Section 74.351 requires service on each defendant within 120 days of that defendant answer. A late report means dismissal with prejudice.

The court also awards the defense its attorney fees. There is no second chance.

Yes. Section 74.051 requires written notice to each provider at least 60 days before suit along with a medical authorization form. The notice also pauses the limitations clock for 75 days which can matter when a deadline is close.

Sending it wrong can cost you the case. This is not a form to handle alone.

Yes for damages that are not financial. Section 74.301 caps those at $250,000 against all physicians and individual providers together and $250,000 per health care institution with a $500,000 institutional maximum. Medical expenses and lost income and future care costs are not capped.

The texas medical malpractice damage cap has been in place since 2003.

Nobody can answer that honestly in the first week. Value depends on how clearly the standard of care was broken and how permanent your injuries are and how much financial loss you can prove. Because damages for pain are capped the economic side carries most of the value.

Any lawyer quoting a number before reading your chart is guessing.

Longer than a car crash claim. Records retrieval and expert review alone often run three to six months before anything gets filed. Cases that settle typically resolve in one to two years and cases that go to trial run longer.

We give you a realistic timeline at the start and update it as the file moves.

Both may be liable depending on the facts. A hospital can be responsible for its own nurses and staff and for negligent credentialing or understaffing. Many physicians are independent contractors which changes who pays and how the caps apply.

We identify every responsible party before the notice letter goes out.

Emergency care carries a higher standard under Section 74.153. You must prove willful and wanton negligence rather than ordinary negligence. That is a hard bar and it exists to protect emergency providers making fast calls with limited information.

These cases are still winnable when the departure from care is clear enough.

Yes. Birth injuries including brain damage and Erb palsy are among the most serious claims we handle. A child hurt before age twelve generally must have a claim filed by the fourteenth birthday and that is shorter than most parents expect.

Waiting until a child starts school is often too late. Call as soon as you suspect something.

Texas allows a surviving spouse and children and parents to bring a wrongful death claim and the estate may bring a survival claim. The two year clock generally runs from the date of death. Damages include lost support and lost companionship and funeral costs.

We represent families in wrongful death cases across the Valley.

Yes but the rules are stricter. The Texas Tort Claims Act in Chapter 101 governs claims against public hospitals and clinics and requires written notice within a short window that can be as brief as six months. Damage caps also apply to government entities.

Call an attorney immediately in these files. That notice deadline moves faster than anything else.

Send a written request to the medical records department of every facility that treated you and ask for the complete chart rather than a summary. Include imaging and nursing notes and the medication administration record and the electronic audit trail. Providers must respond within a set time.

Our office requests records for every client at no charge.

Sí. Hablamos español. Our staff and our attorneys handle every part of the case in Spanish including the consultation and the medical coordination and the settlement paperwork. Nothing gets lost between you and your lawyer because of language.

Llámenos a cualquier hora y le atendemos en español.