An honest evaluation of a hard kind of case.

When a doctor, nurse, or hospital makes a preventable mistake, the consequences can be devastating. But Texas has some of the strictest medical malpractice laws in the country. Not every bad outcome is malpractice, and not every malpractice case can be brought economically.

Josh Hopkins will tell you honestly whether your case is one worth pursuing, and handles every case he takes personally.

Common Types of Medical Malpractice

• Misdiagnosis or delayed diagnosis, including cancer, stroke, and heart attack
• Surgical errors
• Medication errors
• Birth injuries
• Anesthesia errors
• Hospital-acquired infections and failure to monitor
• Emergency room errors
• Nursing home neglect

What Makes Texas Medical Malpractice Cases Different

Expert report requirement. Within 120 days after each defendant answers the lawsuit, the injured person must serve a report from a qualified medical expert explaining how the standard of care was breached and how it caused the injury. Missing this deadline can end the case.

Damage caps. Texas caps non-economic damages, such as pain and mental anguish, in health care cases. Economic damages like medical expenses and lost wages are not capped in the same way.

Notice requirements. Written notice and a medical authorization must be sent to each provider at least 60 days before filing suit.

Emergency care. Claims arising from emergency care generally require proof of a higher level of misconduct.

Compensation You May Be Able To Recover

Depending on the facts, injured people and families may be able to seek compensation for:

• Past and future medical expenses
• Lost wages and loss of earning capacity
• Physical pain and mental anguish
• Physical impairment and disfigurement

Don’t Wait — Deadlines Apply

Every claim has a legal deadline to file, and some are much shorter than people expect, especially claims involving a government vehicle, property, or employee, which can require written notice within months. Missing a deadline can end a claim permanently. The deadline in your case depends on your specific facts, so talk to a lawyer as soon as possible.

This information is general and is not legal advice. Reading this website or contacting us does not create an attorney-client relationship.

Frequently Asked Questions

How do I know if it was malpractice?

The question is whether the provider failed to meet the standard of care, and whether that failure caused harm. A complication or bad outcome alone isn’t enough. We review the medical records and, when warranted, consult with physicians.

How much does it cost?

Nothing up front. Medical malpractice cases are handled on a contingency fee, so there’s no attorney’s fee unless we recover money for you. The firm advances all case expenses. They are repaid from the recovery, and if there is no recovery, you owe nothing. Fee terms are explained in writing before you sign anything.

Talk to Josh Hopkins Today

If you believe a medical error harmed you or a loved one, talk to Josh directly. Call 361-31-LAWYR (361-315-2948) or request a free case review online. Se habla español.

Prior results do not guarantee a similar outcome. Josh Hopkins is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Lawyer responsible for this content: Josh Hopkins, Corpus Christi, Texas.