When a doctor or hospital makes a mistake that harms you, Texas has very specific rules for filing a claim. As personal injury lawyers, we explain how they work and fight for you.
days is the window Texas gives to file a certified "expert report" after starting a medical malpractice lawsuit. It is a strict requirement unique to this type of case.
Local context: Across the Rio Grande Valley, CLF handles cases in McAllen, Mission, Pharr, Edinburg, Brownsville, and the other cities of Hidalgo and Cameron counties, with a team that speaks your language.
The first thing you should know
Medical malpractice in Texas has different rules from other injury cases. You must file a certified expert report within 120 days of starting the lawsuit, and there is a legal cap on non-economic damages (pain and suffering). That is why these cases require specialized handling.
What counts as medical malpractice in Texas
Not every bad medical outcome is malpractice. The law requires showing that the doctor or hospital departed from the reasonable "standard of care," and that this error caused you harm. A difficult diagnosis or a known complication does not always mean negligence.
That is why these cases are built with medical experts who review your records and determine whether a real error occurred. It is a technical process, and Texas makes it even stricter than other states.
The 120-day expert report requirement
This is the requirement that surprises people most. In Texas, within 120 days of filing a medical malpractice lawsuit, you must submit a report from a qualified medical expert supporting the case. If it is not met, the case can be dismissed.
It is a barrier that sinks many poorly prepared cases. We work with the right experts from the start to meet this deadline and protect your claim.
Damage caps in Texas
Unlike other injury cases, medical malpractice in Texas has specific legal limits:
Economic damages: no cap. Medical bills, lost income, future care.
Non-economic damages: Texas DOES cap pain and suffering in medical malpractice cases.
Important: exact amounts should be confirmed with the attorney based on the case.
Most common medical errors
Medical malpractice can take many forms:
Misdiagnosis or delayed diagnosis.
Surgical errors.
Medication or dosage errors.
Birth-related negligence (birth injuries).
Lack of informed consent.
How Carreras Law Firm helps
We evaluate your case with medical experts, meet Texas's strict deadlines, and fight against hospital and medical-insurance lawyers, who are among the most aggressive. We handle your case in Spanish.
We charge nothing unless we win. The consultation is free and with no obligation.
Time is even more critical here
Because of the 120-day expert report requirement and the statute of limitations, a medical malpractice case needs to start being prepared as soon as possible. Do not wait.
