Other injury cases
Dallas medical malpractice lawyer.
Texas makes medical malpractice cases harder than almost any other injury claim. There are strict notice rules, a doctor's report due early in the case, caps on some damages, and a defense that is well funded. That does not mean you should not ask. It means you deserve an honest answer about whether your case can be won and is worth the cost. We review the records, talk with you plainly, and tell you what we see, including when a case is not one to file.
Right now
If you think a medical mistake hurt you.
- 01
Get the care you need now
Your health comes first. It is fine to get a second opinion or switch doctors. Tell the new doctor everything that happened.
- 02
Request your complete records
You have a right to your medical records. Ask in writing for the full chart, including nursing notes, medication records, imaging and billing. Keep copies of the request.
- 03
Write a timeline while you remember
Dates, names, what you were told, who was in the room, and when things changed. Memories fade, and these cases often turn on small details.
- 04
Do not post about it or confront staff
Anything you post or say can be used later. Save your energy for the facts.
- 05
Call early
The deadlines are strict and the case needs a qualified doctor's review before it can be filed. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- Generally 2 years from the treatment, with an absolute 10-year limitSource: Tex. Civ. Prac. & Rem. Code 74.251
- Children under 12
- Have until their 14th birthday to fileSource: Tex. Civ. Prac. & Rem. Code 74.251
- Notice before suit
- Written notice and a medical authorization 60 days before filingSource: Tex. Civ. Prac. & Rem. Code 74.051
- Report from a qualified doctor
- Due 120 days after each defendant answers, or the case is dismissedSource: Tex. Civ. Prac. & Rem. Code 74.351
- Cap on noneconomic damages
- $250,000 against all doctors, plus up to $500,000 against hospitals and facilitiesSource: Tex. Civ. Prac. & Rem. Code 74.301
Texas law
What Texas requires in a malpractice case.
A bad result is not always malpractice. You have to show that the doctor, nurse or hospital fell below the accepted standard of care, and that this failure caused harm that would not have happened otherwise. Chapter 74 of the Civil Practice and Remedies Code adds rules that do not apply to other injury cases.
| Type of damages | Limit |
|---|---|
| Medical expenses, past and future | No cap. Limited to amounts actually paid or owed. |
| Lost earnings and earning capacity | No cap. |
| Pain, mental anguish, impairment, disfigurement | $250,000 total against all doctors; up to $250,000 per facility and $500,000 for all facilities. |
| Death cases | A separate overall cap applies, adjusted for inflation, not counting medical costs. |
A qualified doctor must support the case early
Within 120 days after each defendant files an answer, you must serve a report from a qualified doctor explaining the standard of care, how it was breached and how that caused the harm. If the report is late or inadequate, the case can be dismissed and you can be ordered to pay the defense's attorney fees.
Source: Tex. Civ. Prac. & Rem. Code 74.351Notice pauses the deadline briefly
Sending proper notice with the required medical authorization pauses the two-year deadline for 75 days. A notice sent without the authorization may not count.
Source: Tex. Civ. Prac. & Rem. Code 74.051Emergency care has a higher bar
For care in a hospital emergency department, and in some obstetric emergencies, you must prove the provider acted with willful and wanton negligence, not just ordinary negligence.
Source: Tex. Civ. Prac. & Rem. Code 74.153Nursing homes are covered too
Claims against nursing homes and assisted living facilities for neglect, falls, bedsores or medication errors usually follow the same Chapter 74 rules, including the report and the caps.
Source: Tex. Civ. Prac. & Rem. Code 74.001How we work
How we evaluate and build a malpractice case.
Mr. Estrada reads the file and makes the call on whether to take the case. Our team works the case with him and keeps you updated in English or Spanish.
01
Collect every record
Hospital charts, office notes, pharmacy records, imaging, monitor strips and billing, from every provider involved.
02
Get an honest medical review
A doctor in the right field reviews the records before anything is filed. If the review does not support the case, we tell you.
03
Weigh the cost against the caps
These cases need several doctors and can cost a great deal to bring. We look at your losses and the caps and talk plainly about whether the case makes sense.
04
Send notice and meet the deadlines
Proper notice and authorization, then a lawsuit, then the doctor's report within 120 days. Missing a step can end the case.
05
Prepare for trial
Hospitals and doctors rarely settle early. A malpractice case is built for trial from the beginning.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Other questions people ask.
- Should I file a complaint with the Texas Medical Board?
- You can. A board complaint can lead to discipline for the doctor, but it does not pay you anything and it is separate from a lawsuit. Talk with us about timing.
- What if you do not take my case?
- We will tell you why, and you are free to get another opinion right away. Because the deadlines are strict, do not wait if you want a second look.
- The hospital sent me a bill for the mistake
- Keep it and do not ignore collection letters. Billing for care that caused harm is part of what we look at, and we help you respond.
Dallas and Odessa
Hospitals and clinics in Dallas and West Texas.
Dallas County has some of the largest hospital systems in Texas, and most malpractice suits here are filed in the Dallas County district courts. In the Permian Basin, patients are treated in Odessa and Midland, and the most serious cases are often transferred to Lubbock. Claims against public hospitals, such as county hospital districts, follow additional government notice rules that can shorten the time to act.
FAQ
Questions people ask.
How do I know if it was malpractice or just a bad outcome?
Medicine has risks, and some bad outcomes happen even with good care. Malpractice means the provider did something a reasonably careful provider would not have done, or failed to do something they should have. A doctor's review of the records answers that question.
How long do I have to file a medical malpractice claim in Texas?
Generally two years from the date of the treatment or the end of the course of treatment, with a 10-year outside limit. Children under 12 have until their 14th birthday. The notice must go out before suit, so do not wait until the end.
Is there a cap on medical malpractice damages in Texas?
Yes, on noneconomic damages like pain and mental anguish: $250,000 against all doctors combined, and up to $500,000 more against hospitals and facilities. Medical bills and lost earnings are not capped in injury cases.
Can I sue for a misdiagnosis?
Sometimes. You have to show a careful doctor would have caught it, and that the delay changed the outcome, for example a cancer that was treatable when it was missed. The medical review focuses on both points.
Do you handle birth injury cases?
We review them. Birth injury cases involve complex medical records and long-term care needs, and some require working with other firms. We will tell you honestly how we can help.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.