When a healthcare professional fails to provide the standard of care, the consequences can be devastating. Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider acts negligently and causes injury to a patient. If you or a loved one has been harmed due to medical negligence in Houston, you may have the right to seek compensation. Gibson Hill Personal Injury handles medical malpractice cases throughout the Houston area, helping injured patients and families pursue accountability from healthcare providers. Our team understands the physical, emotional, and financial toll that medical errors can take. We offer free consultations to discuss your case and explore your legal options.
Why Choose Gibson Hill Personal Injury for Your Medical Malpractice Case
Gibson Hill Personal Injury is a personal injury law firm founded in 2013. Ty Alexander Gibson and Brett Michael Hill are the founding partners. Our attorneys bring over 13 years of combined experience to serious injury cases, including medical malpractice claims. Legal organizations have recognized Ty Gibson for his work in trial advocacy and client representation. Brett Hill has litigation experience and completed advocacy training through South Texas College of Law’s program.
Our approach focuses on hands-on representation. One of our founding partners handles your case directly, not a junior associate. Our lawyers work on a contingency fee basis, meaning you pay nothing upfront. We collect a fee only if compensation is recovered for you. We offer free case evaluations and are available to answer your questions about medical malpractice claims. Our multilingual staff speaks English and Spanish, allowing us to communicate with clients from diverse backgrounds throughout Houston.
What Constitutes Medical Malpractice in Texas
Medical malpractice is a specific type of negligence claim involving healthcare providers. Understanding what qualifies as medical malpractice helps you determine whether you may have a valid claim. In Texas, healthcare providers must meet a professional standard of care that is established through expert testimony and medical guidelines.
The Standard of Care
In Texas, healthcare providers must meet a “standard of care.” This means they must provide the level of skill and care that a reasonably competent healthcare professional would provide under similar circumstances. The standard varies depending on the type of provider, their specialty, and the situation. A surgeon performing a complex procedure faces a different standard than a general practitioner treating a common illness. When a healthcare provider falls below this standard and causes injury, they may be held liable for medical malpractice.
Common Examples of Medical Malpractice
Medical errors take many forms. Common types of medical malpractice include:
- Misdiagnosis or delayed diagnosis – Failing to diagnose a condition or diagnosing it incorrectly, which may lead to delayed treatment and worsening of the patient’s condition. Misdiagnosis cases often require expert testimony to establish the standard of care.
- Surgical errors – Operating on the wrong site, leaving surgical instruments inside a patient, or making mistakes during surgery. These surgical malpractice claims can result in serious complications.
- Medication errors – Prescribing the wrong medication, incorrect dosage, or failing to check for dangerous drug interactions that could harm the patient.
- Birth injuries – Negligence during pregnancy, labor, or delivery that causes harm to mother or baby. Birth injury cases often involve complex medical issues.
- Anesthesia errors – Improper administration of anesthesia or failure to monitor a patient during surgery, which can lead to serious complications.
- Failure to treat – Abandoning a patient or refusing to provide necessary medical care when a duty to treat exists.
How Medical Malpractice Claims Work
To pursue a medical malpractice claim, you must prove specific legal elements. Understanding this process helps you know what to expect and how to build a strong case.
The Four Elements You Must Prove
To pursue a medical malpractice case in Texas, you must establish four key elements:
- Duty of care existed – The healthcare provider had a professional duty to care for you. This duty arises from the doctor-patient relationship.
- Breach of that duty – The provider failed to meet the standard of care expected in their field. Expert testimony typically establishes what the standard of care required and how it was breached.
- Causation – The breach directly caused your injury (not some other factor). You must show that the negligent act or omission led to your harm.
- Damages – You suffered quantifiable harm—physical, emotional, or financial. This includes economic damages like medical bills and lost wages, as well as non-economic damages like pain and suffering.
Each element must be proven by a preponderance of the evidence, meaning it is more likely than not that your claim is valid.
Why Medical Testimony Matters
Medical malpractice cases often require testimony from a qualified healthcare professional. You will typically need a licensed provider in the same field as the defendant to review your case and explain how the care provided differed from the accepted standard. This testimony helps establish both the applicable standard of care and how it may have been breached. Expert witnesses are critical to demonstrating that negligence occurred and that it caused your injuries.
Types of Damages You Can Recover
If medical malpractice is established, you may be able to recover several types of damages.
- Economic damages cover financial losses such as past and future medical expenses, lost wages, reduced earning capacity, and costs for ongoing care or rehabilitation. These damages are calculated based on documented expenses and financial records.
- Non-economic damages compensate for intangible harm like pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. These damages recognize the impact of the injury on your quality of life.
Texas law generally caps non-economic damages at $250,000 per claimant against individual healthcare providers and $250,000 per claimant per healthcare institution, with a maximum aggregate of $500,000 across all institutions. The overall maximum non-economic damages recovery is typically $750,000 per claimant. Wrongful death cases are governed by a separate, inflation-adjusted cap. Economic damages such as medical expenses, lost wages, and future care costs are not subject to these caps.
Time Limits for Filing a Medical Malpractice Lawsuit
Texas law imposes strict deadlines for filing medical malpractice claims. Missing these deadlines can result in losing your right to sue.
The statute of limitations is generally two years from the date of the negligent act or the completion of the relevant medical treatment. In limited circumstances where an injury is not immediately discoverable, courts may apply a discovery rule, allowing filing within a reasonable time after discovery. In most cases, no claim may be filed more than ten years after the negligent act.
Acting promptly can help preserve evidence and witness testimony. Delays may make it more difficult to support a claim. If you suspect medical malpractice, contact Gibson Hill Personal Injury as soon as possible to protect your rights.
Frequently Asked Questions
What should I do if I think I'm a victim of medical malpractice?
Seek medical attention if you are experiencing ongoing health problems. Document everything related to your injury, including medical records, test results, bills, and notes about your symptoms and treatment. Write down details about what happened and when. Then contact a medical malpractice attorney. An attorney can review your case and explain potential next steps. Avoid signing any settlement agreements without legal review.
How much does it cost to hire Gibson Hill Personal Injury?
Gibson Hill Personal Injury works on a contingency fee basis. You pay nothing upfront, and fees are collected only if compensation is recovered through settlement or trial. The fee is a percentage of the recovery and is agreed upon in writing before representation begins.
How long does a medical malpractice case take?
The timeline varies depending on the details of your case and whether it settles or proceeds to trial. Some cases resolve within months, while others may take one to three years or longer. Factors include the scope of discovery, the need for medical testimony, and court scheduling. Gibson Hill Personal Injury will discuss realistic timelines with you during your initial consultation.
Can I sue a hospital for a doctor's mistake?
In some situations, hospitals may be held liable for a doctor’s actions under vicarious liability if the doctor is an employee. Hospitals may also be directly liable for their own conduct, such as hiring practices, supervision, or facility conditions. An attorney can evaluate whether the hospital may share responsibility in your case.
What if the statute of limitations has passed?
In many cases, once the statute of limitations expires, a claim cannot be filed. However, exceptions may apply in limited circumstances, such as cases involving minors or certain disabilities. An attorney can help evaluate whether an exception may apply to your situation.
Do I need a medical witness for my case?
Texas law generally requires testimony from a qualified healthcare professional in medical malpractice cases. This testimony is used to explain the standard of care and whether it may have been breached. Gibson Hill Personal Injury can assist with identifying and working with appropriate medical professionals to support your claim.
Contact Gibson Hill Personal Injury for a Free Consultation
If you have been injured due to medical negligence, Gibson Hill Personal Injury is available to discuss your situation. Call (713) 659-4000 to schedule a free case evaluation. Our attorneys can review your circumstances, answer your questions, and explain available legal options. We handle cases on a contingency basis, so there is no upfront cost to begin.
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