Houston Medical Malpractice Lawyer

Hire a Houston Medical Malpractice Attorney

If you suspect you or someone you love was seriously injured due to a medical provider’s negligence, you should consult a Houston medical malpractice lawyer immediately. A study by Johns Hopkins found over 250,000 people die annually from medical errors, making it the third leading cause of death in America (behind heart disease and cancer).

If you have been injured due to a preventable mistake on the part of your healthcare provider, a Houston medical malpractice lawyer near you can help you get the compensation you deserve. Call the law office of Simmons and Fletcher, P.C., right now at (713) 932-0777 to talk to a personal injury attorney. The clock is running out on your claim.

negligent doctorWhat Constitutes Medical Malpractice?

Medical malpractice can occur when a medical provider fails to follow the accepted standards of care while treating a patient and causes a foreseeable injury. Some examples of medical malpractice include:

Surgical Errors

Birth Injury

  • Birth injuries can lead to conditions like brain damage and cerebral palsy.

Failure to Diagnose/Misdiagnosis

  • Wernicke-Korsakoff from failure to diagnose vitamin B1 deficiency is a catastrophic injury, easily prevented with a medical history check and simple lab workup.
  • Appendix rupture from failure to diagnose appendicitis is a common malpractice case that occurs when a healthcare professional fails to recognize scan results, leading to untreated conditions.
  • Heart Attack: Heart attack victims do not always show the same symptoms. For example, many women do not experience debilitating chest pains. So, doctors often misdiagnose heart attacks as indigestion or anxiety. That’s a potentially lethal error.

Failure to Monitor After Surgery

Some cases look like medical malpractice but fall under other areas such as product liability or mass tort cases. The Suboxone tooth decay lawsuits are one example of these.

Suffered an injury or illness from medical negligence? Simmons & Fletcher P.C. has been Houston’s trusted personal injury law firm since 1979, with a record of success. Get a free case evaluation today. Trust our team of personal injury lawyers to help secure treatment and compensation for your medical bills, pain and suffering, lost wages, and more. Medical accidents are mostly preventable so allow us to help you. Contact us today for your free case consultation.

Tort Reform Traps That Medical Negligence Lawyers Must Avoid

Many states, including Texas, impose restrictions on medical malpractice lawsuits to control rising costs. Unaware victims may fall into such traps when attempting to bring a claim against a negligent physician or hospital. Common pitfalls include:

  • Expert Report. In Texas, a Chapter 74 Report must be filed by a qualified expert within 120 days of a medical malpractice lawsuit. Failing to do so will result in your case being dismissed and your claim being forever barred.
  • Notice Requirements. Strict notice requirements must be met for healthcare liability claims against healthcare professionals; failing which could delay or bar your claim altogether. If your healthcare provider works for a state, city, or county, you must also meet the strict notice requirements of the state tort claims act that apply to your cause of action.
  • Damage Caps. Many states have passed legislation setting caps of damages recoverable in medical malpractice claims. Considering that bringing a medical malpractice claim can easily run over $100,000, this low cap makes some cases infeasible for attorneys and clients to pursue.
  • Statute of Limitations. In Texas, claims must be brought within two years of injury. Things get complicated if negligence is only discovered years later, i.e. a medical device left inside a patient or a wrong medication that has long-term effects.

Each of the pitfalls listed above can destroy an otherwise valid medical malpractice claim. Make sure you hire a skilled medical malpractice lawyer in Houston, TX who can help you steer clear and use the law to your best advantage.

Medical Malpractice Frequently Asked Questions

Find our medical malpractice FAQs below. If you have other questions or need more information, please phone our medical malpractice attorneys in Houston for a free consultation.

Do I Need A Medical Malpractice Lawyer?

Yes—hire a qualified medical malpractice attorney. Tort reform over the past 20 years has made such cases drastically more complex. Special interest groups have spent millions of dollars to limit your legal recourse. Many requirements are time-sensitive. Failure to meet them can result in your claim being dismissed and forever barred.

In the State of Texas, these claims fall under the category of healthcare liability claims. Filing requirements vary by jurisdiction. Consult a medical malpractice lawyer in Houston, Texas, who knows the legal process and can help guide you on proper civil procedure.

How Can a Medical Malpractice Lawyer in Houston, TX Help Me?

An experienced medical malpractice attorney in Houston, TX may be able to help you with:

  • Obtaining a complete copy of the medical records from the negligent medical facility.
  • Gathering other hard evidence related to your case.
  • Researching the laws that apply to your case.
  • Finding the right expert to review your medical records and identify incorrect procedures.
  • Obtaining and filing an expert report on time to avoid dismissal.
  • Taking depositions and preparing expert witnesses to testify.
  • Taking your case to court against doctors and healthcare institutions refusing fair settlements.

What is the Difference Between Health Care Liability and Medical Malpractice?

According to Title 4, Chapter 74 of the Texas State Civil Practice and Remedies Code, medical malpractice or medical negligence fall under the umbrella of Health Care Liability Claims. This is an expansive term that covers any harm to a patient caused by negligence.

Do Medical Malpractice Law Firms Work on a Contingency Fee?

Yes. Because of the complexity and higher costs of filing a medical malpractice lawsuit in Texas, medical malpractice lawyers in Houston often work on a contingency fee that is slightly higher than other personal injury lawyer fees, but still contingent on the outcome of every case.

What is the Standard of Care?

The standard of care is simply the level of prudence, consideration, and attention that is expected from a healthcare professional in a given set of circumstances. To establish negligence, a plaintiff’s medical negligence lawyers must prove a breach of the standard by the defendant’s action or inaction.

What Types of Medical Care Providers Can Be Held Liable?

A medical malpractice cause of action may be filed against any responsible, licensed medical professional. This includes nurses, doctors, psychologists, and psychotherapists.

Will Expert Testimony be Necessary for My Trial?

You will likely need expert testimony to establish a duty of care in a trial court. Texas law requires a report defining the standard of care and violation.

Is There a Cap on Medical Malpractice Damages?

Texas has a limit on damages for successful medical malpractice claims, capped at $250,000 noneconomic damages for a single healthcare practitioner, and an additional $250,000 ($500,000 total) for hospital defendants.

What Damages Can I Claim in a Medical Malpractice Case?

A victim of medical malpractice may file a medical malpractice lawsuit and claim the same damages as personal injury cases in Texas, including:

  • Lost wages/earning capacity
  • Past/future medical expenses
  • Past/future pain and suffering
  • Emotional or mental anguish
  • Loss of enjoyment of life
  • Punitive damages

Family members who have lost a loved one due to medical negligence may seek justice by filing a wrongful death claim. A Houston medical malpractice attorney can help evaluate available damages and provide critical legal advice at every stage.

Do You Ever Represent Medical Professions in Malpractice Cases?

No. Our firm of Houston personal injury attorneys exclusively represents injured victims of medical malpractice. We do not defend doctors or insurance companies. We have over 40 years of experience pursuing successful verdicts and settlements—both in and out of court—for injured victims, family members, and their loved ones against hospitals, healthcare centers, and medical professionals. We have the resources and legal knowledge to help you.

How Do I Report Medical Malpractice?

File a complaint online against a doctor with the Health Facility Compliance Group or the Texas Medical Board.

Will My Houston Medical Malpractice Case Go to Trial?

It is impossible to say, as many factors affect this, such as court backlog, defendant’s insurance company, case complexity, and damages. However, it is not uncommon for medical malpractice cases to end successfully in settlement negotiations instead of trials.

What are the Most Commonly Misdiagnosed Medical Conditions?

The 5 most commonly misdiagnosed medical conditions are cancer, heart attack, depression, fibromyalgia, and stroke.


Sharon Simmons-Cantrell preparing for courtTake the First Step to Obtain Compensation Today

Whether it was caused by an incorrect diagnosis, emergency room errors, or a negligently performed medical procedure, if you have been injured by medical malpractice in Houston, you need our lawyers to fight for your rights as soon as possible. Our law firm can help provide fair counsel and, if necessary, litigation on your behalf. We also work on a contingency fee basis—you don’t pay anything unless you win your case. Contact us at (713) 932-0777 to learn more. Call now!

Depending on the circumstances, we may refer some cases to another Houston medical malpractice law firm near me–with the client’s permission.



If you have a personal injury case and would like to know whether it is something that our law firm can help you with, please fill out the form to the right and submit your information or pick up the phone and call us between 8:30 AM and 4:00 PM on Monday through Thursday and 8:30 AM  and 5:00 PM on Friday and out intake team can go help evaluate your case and determine who the best person is for you to talk to about your case. Consultations are 100% free and you have no obligation to hire us.


Simmons and Fletcher, P.C., rooted in Christian values, exclusively handles personal injury cases, advocating for the rights of accident and negligence victims. Our Houston-based team, dedicated to compassion and excellence, handles cases across car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, and other types of cases with a commitment to personalized care. Upholding integrity and client-focused service, we strive for impactful legal outcomes. For a detailed understanding of our approach and team, visit our attorneys page.

Contact us for a free case assessment.