Experienced Medical Malpractice Lawyers in Texas
Holding doctors, hospitals, and other healthcare providers liable for medical mistakes
Most healthcare providers give competent care, but not all. When doctors and healthcare workers are negligent, their mistakes can prove devastating or even fatal.
At Slack Davis Sanger, our medical malpractice attorneys represent patients who fail to receive adequate medical care. We represent spouses, children, and parents when medical malpractice causes the death of a loved one. Our legal team includes a Legal Nurse Consultant, and we work with doctors who are specialists in their fields.
These physicians understand that doctors, nurses, pharmacists, and hospitals caused your pain and suffering and that they should be held accountable. With a reputation for excellence, our team of trial lawyers understands how to navigate these types of complex cases. Contact us today to learn more about how we can help
"All law firms should operate and handle their clients just as you do!” - Rebecca F., Client
What is the definition of medical negligence?
Medical negligence (or malpractice) occurs when a health care professional fails to give a patient care that meets the accepted standards for a provider under the same or similar circumstances causing the patient injury, illness, a worsened condition, or death.
For a successful medical malpractice case, our attorneys must prove the following: that you and your provider had a professional relationship, that your provider acted negligently, and that those careless acts caused your injury and losses.
If you believe you are a victim of medical negligence, the lawyers at Slack Davis Sanger can investigate your claim, retain the appropriate expert consultants and witnesses, litigate the case, and bring it either to a settlement or trial.
How common is medical malpractice?
In 2016, the Washington Post reported medical negligence as the third-leading cause of death, “claiming 251,000 lives every year. This statistic indicates that more people die from malpractice than respiratory disease, accidents, stroke, and Alzheimer’s.”
Between 2013 and 2017, the most common medical negligence claims were diagnostic errors, making up a full 33 percent of claims. Misdiagnosis, failure to diagnose, or delayed diagnosis can cause a patient permanent injury and harm. In addition, surgical errors (wrong surgery, injury to adjacent organs, contra-indicated surgery) are common as are obstetrical injuries to both mothers and their babies.
What is the statute of limitations for medical negligence in Texas?
With a two-year statute of limitations on claims for medical malpractice, it is crucial you consult with a Texas malpractice attorney as soon as possible after your injury.
Because this statute of limitations has several exceptions, only an experienced lawyer can tell you when you’re eligible to file your claim. In cases where the injured party is a minor, the period may be extended. However, when the patient is injured at a governmental hospital that period may be effectively shortened by very brief “notice” requirements which can be as little as six months.
Determining the statute of limitations on a medical negligence case can be complicated, which is why it’s important to talk to the attorneys at Slack Davis Sanger before making any decisions about your case, with promptness being of the utmost importance. If you think you ‘may’ have a case, don’t wait and let valuable days expire. We can answer all your questions and advise you on the best next steps.
Is there a cap in Texas for medical malpractice claims?
Yes, there are caps on damages in Texas. The Legislature put these in place to increase the profitability of insurance companies. They restrict damages for intangible damages (such as the grief for the death of a parent, child, or spouse) to $250,000, which must be shared by all plaintiffs.
This can extend to $500,000 if there are both negligent physicians and institutional defendants, and the lobbyists claimed that it is even possible to extend to $750,000 if there is more than one liable hospital, though that is mostly illusory.
Economic and Noneconomic damages: in addition to the real losses–human misery, loss of a loved one, loss of physical function, and constant pain (which are capped), plaintiffs can also recover damages for, nursing care costs, therapy costs, lost wages, lost ability to earn income and medical bills. However, the Texas Supreme Court has ruled that in a lot of cases, medical bills must be paid back to the patient’s insurance company despite the patient having paid premiums for their coverage for years.
Death cases: In the event of a patient’s death, Texas caps both economic and non-economic damages despite widespread publicity by the lobbyists that people could always recover their lost earnings.
How can a medical malpractice attorney help my case?
With attorneys on staff who specialize in medical negligence law and litigation, you can relax knowing that the team at Slack Davis Sanger is handling your case.
When you choose Slack Davis Sanger to take your medical malpractice case, you're hiring a skilled team. Slack Davis Sanger has been recognized by U.S. News and World Report–Best Law Firms of 2023, achieving Metropolitan first-tier ranking for Dallas/Fort Worth medical malpractice law. Our team consists of experienced attorneys, like Paula Sweeney, who has spoken and taught around the state for decades on Health Care Liability and whose annual update paper has received the State Bar’s award for “Best CLE Paper.” Additionally, we have an in-house nursing consultant and retain outside experts.
When we take your case, we evaluate the extent of your injuries and their effect on your life. Our attorneys will prepare your case for trial, even if it never goes to trial or settles. We want the at-fault party to understand that we are serious, and we are ready to litigate from the beginning. Additionally, our legal team will handle all communication with insurance companies, allowing you to take the time you need to heal from the trauma of your experience.