Medical Malpractice Lawyer in Harris County, Texas | Todd E. Webb, Esq.

Medical errors are a serious concern nationwide. According to research from Johns Hopkins and public health studies, hundreds of thousands of Americans die each year due to medical errors, making it one of the leading causes of death in the United States. In addition, approximately one in eight hospitalized patients experiences harm from the care they receive. These medical errors can occur in hospitals, outpatient clinics, nursing homes, or even during routine medical procedures. If you or a loved one has been injured due to medical malpractice, you may be entitled to significant financial compensation.

What Is Medical Malpractice Under Texas Law?

It is important to understand that not every negative outcome from medical treatment constitutes malpractice. Under Texas law, medical malpractice occurs when a healthcare provider fails to meet the standard of care owed to the patient, and that failure causes injury or harm.

In Harris County, these cases proceed like any other personal injury lawsuit. The plaintiff must demonstrate that the provider acted negligently—that is, the care given fell below what a reasonably competent healthcare professional would have done under similar circumstances. Doctors are not expected to be infallible or act as the foremost expert in their field; they are only required to meet the standard of care of a typical doctor with similar training.

Common Examples of Medical Malpractice

Many people think of only extreme mistakes when they hear “medical malpractice.” While surgical errors and dramatic negligence are clear cases, malpractice can occur in a variety of situations, including:

Failure to Diagnose or Misdiagnosis: Delayed or incorrect diagnosis can lead to worsened conditions or unnecessary procedures.
Surgical Errors: Operating on the wrong body part, leaving medical instruments inside a patient, or performing unnecessary surgery.
Medication Errors: Prescribing the wrong medication, the wrong dose, or administering medication despite contraindications.
Poor Postoperative Care: Failing to monitor recovery or address complications after surgery.
Premature Hospital Discharge: Sending a patient home before they are medically stable.
Neglecting Monitoring of Medical Conditions: Not tracking vital signs, lab results, or patient symptoms appropriately.

Even smaller lapses in care can have significant consequences, which is why it’s critical to consult an attorney if you suspect malpractice.

Who Can Be Sued in Harris County Medical Malpractice Cases?

While the physician directly involved is often the primary defendant, liability can extend to other medical providers and facilities. Examples include:

Hospitals, including Houston Methodist, Ben Taub Hospital, Lyndon B. Johnson Hospital, Memorial Hermann, and Texas Children’s Hospital.
Nurses and other staff involved in patient care.
Testing and diagnostic facilities.
Physical therapists and rehabilitation centers.
Anesthesiologists.
Nursing homes and long-term care facilities.

There may be multiple defendants in a single case. Your attorney will conduct a thorough investigation to identify all parties whose negligence contributed to your injury.

How Do I Prove Medical Malpractice?

Proving malpractice requires demonstrating that the healthcare provider deviated from the expected standard of care and caused injury. Steps typically include:

Medical Records Review: Your attorney will obtain all relevant records, including hospital charts, lab results, imaging, and treatment notes.
Expert Witnesses: These professionals evaluate the care you received and provide testimony on what a reasonable healthcare provider would have done.
Depositions and Evidence Gathering: Attorneys can depose doctors, nurses, and other witnesses under oath to establish facts about your treatment.

Medical malpractice cases are complex because they require translating highly technical medical information into evidence that a jury can understand. Physicians are generally perceived as credible, which makes expert testimony critical in showing negligence.

Potential Damages

Victims of medical malpractice may be entitled to compensation for:

Medical expenses (current and future)
Lost wages and earning capacity
Pain and suffering
Scarring or disfigurement
Loss of enjoyment of life
Emotional distress
Wrongful death damages, if a loved one died due to negligence

Texas law places caps on non-economic damages. $250,000 per individual provider or $500,000 per facility, with additional limitations on punitive damages. Despite these caps, malpractice claims can result in significant compensation, especially when economic losses are substantial.

Texas-Specific Medical Malpractice Laws

Before filing a lawsuit, it is essential to understand Texas-specific rules:

Statute of Limitations: You generally have two years from the date of injury or discovery to file a claim.
Expert Report Requirement: An initial report from a qualified medical expert must be submitted within 120 days of the defendant’s answer to your complaint.

Failing to comply with these requirements can result in dismissal of your case.

Why Medical Malpractice Cases Are Difficult

Medical malpractice cases are often seen as challenging because:

They are highly technical and require interpretation of medical records and procedures.
Physicians have inherent credibility with juries.
Evidence must clearly demonstrate a deviation from standard care.

However, most legitimate malpractice cases settle before trial. Estimates suggest that 80–97% of cases resolve out of court due to the risk of a jury verdict against the healthcare provider.

Frequently Asked Questions

How long will my medical malpractice case take?

Cases in Harris County often take longer than standard personal injury claims due to complexity. Depending on the evidence, expert consultations, and negotiations, cases can take 1–3 years from filing to resolution.

How is my medical malpractice attorney paid?

Most attorneys work on a contingency fee basis, meaning they are only paid if you win or settle your case. This makes legal representation accessible without upfront costs.

When should I contact a medical malpractice attorney?

It is crucial to contact an attorney as soon as possible after discovering the injury. Deadlines, such as the statute of limitations and expert report requirements, are strict in Texas.

Can I sue more than one party?

Yes. Multiple parties, including doctors, hospitals, nurses, and other healthcare providers, can be held liable if their negligence contributed to your injury.

Are there local considerations for Harris County?

Harris County hospitals, including Houston Methodist, Ben Taub Hospital, Lyndon B. Johnson Hospital, Memorial Hermann, and Texas Children’s Hospital, handle thousands of patients annually. Your attorney’s familiarity with local hospital procedures, policies, and staff is critical in building a strong case.

Contact a Harris County Medical Malpractice Lawyer at the Law Office of Todd E. Webb

If you have been injured due to negligent medical care, a Harris County medical malpractice lawyer at the Law Office of Todd E. Webb can help you pursue compensation. Schedule a free consultation online or call 832-529-4410 to speak with an experienced attorney about your case. We have an office in Houston, Texas.