Austin Medical Malpractice Lawyers

Frequently Asked Questions

How Much Does It Cost to Hire a Medical Malpractice Attorney?

Medical malpractice cases are different from other lawsuits. Rather than a typical retainer payment arrangement between lawyer and client, medical malpractice attorneys work on a contingency fee basis. This means that there is no up-front cost to you. We advance the cost of the lawsuit. If we win the case or negotiate a settlement, our fee is a percentage of the recovery we get for you. We also take out any costs that we advanced in the prosecution of your lawsuit. However, you pay nothing if we don’t recover for you.

What Is the Average Settlement for Medical Malpractice Lawsuits?

Medical malpractice lawsuit settlements vary greatly, depending on the circumstances. The settlement amount is determined through negotiations between the plaintiff and defendant(s) (through their attorneys) and is based on economic losses caused by the plaintiff’s injuries, plus any agreed compensation for non-economic damages, which includes things like emotional pain and suffering, mental anguish, impairment, and disfigurement.

Common types of damages available in a Texas medical malpractice lawsuit include:

• Compensatory Damages: These are intended to compensate you for the specific losses and expenses you incurred due to the malpractice. They can be further divided into two categories:
• Special Damages: Special damages are quantifiable economic losses that have a specific dollar value. This includes medical expenses, lost wages, and out-of-pocket costs related to the malpractice.
• General Damages: General damages are non-economic losses that are more challenging to quantify but are equally important. They include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms.
• Punitive Damages: In rare cases, punitive damages may be awarded if the healthcare provider's conduct is deemed to be particularly egregious or intentionally harmful. The primary purpose of punitive damages is to punish the defendant and deter similar behavior in the future.
• ​​Future Damages: If the malpractice results in long-term or permanent injuries, you may be entitled to compensation for future medical expenses, ongoing treatment, and future lost wages or reduced earning capacity.
• Wrongful Death Damages: If medical malpractice leads to the death of the patient, certain family members may be entitled to compensation for the loss of their loved one. Wrongful death damages may include funeral expenses, loss of financial support, and loss of companionship and emotional support.

It is important to note that many states have caps on the amount of non-economic damages in medical malpractice cases. 

In Texas, non-economic damages in medical malpractice cases are capped by law, as follows:

• $250,000 for all doctors or health care providers other than a health care institution (like a hospital)
• $250,000 against a single health care institution
• $250,000 for each additional health care institution

It is very rare for cases to involve more than one health care institution. Most of the time, the non-economic damage cap in a given medical malpractice case is either $250,000 or $500,000 total.

What Is the Difference Between Medical Malpractice & Medical Negligence?

Medical malpractice and medical negligence are both legal concepts related to errors or mistakes made by healthcare professionals, but they have distinct differences.

Medical negligence refers to a failure on the part of a healthcare provider to provide the standard of care that a reasonably competent medical professional would have provided under similar circumstances. It involves unintentional acts or omissions that result in harm to the patient. Negligence can occur due to various factors such as misdiagnosis, improper treatment, or lack of communication.

On the other hand, medical malpractice is a specific type of negligence that involves a breach of the duty of care owed by a healthcare provider to a patient, resulting in injury or harm. Unlike negligence, medical malpractice typically involves a violation of professional standards or protocols. This breach of duty can occur through errors in diagnosis, treatment, surgical procedures, or failure to obtain informed consent.

Who Can Commit Medical Malpractice?

Medical malpractice often results in permanent, disabling injuries — sometimes event death. Those who suffer this injustice have every right to be compensated for their suffering, both short and long-term. Our Austin medical malpractice attorneys know this all too well, having settled cases with all manner of healthcare practitioners who have been negligent when caring for patients. 

Practitioners we’ve dealt with include:

• Medical doctors
• Surgeons
• Emergency room physicians and surgeons
• Nurses
• Medical technicians
• Pharmacists
• Chiropractors
• Physical therapists
• Obstetricians/gynecologists

Our Austin medical malpractice attorneys have represented victims of medical negligence in towns all over the State of Texas and the U.S. We have brought claims against providers in Killeen, Wichita Falls, Austin, Houston, Dallas, San Antonio, and many other Texas cities.

Whether you’re local to Austin, TX, or are a victim of medical malpractice anywhere in Texas, the attorneys at National Trial Law are ready to help. 

When Can You File a Medical Malpractice Claim in Texas?

In general, there is a two-year statute of limitations for medical malpractice claims in Texas. This means that a medical malpractice suit must be filed no later than two years after the negligent act or omission occurred, or it is barred by the statute of limitations and cannot be brought.