Understanding Medical Malpractice in Texas: Your Rights After a Medical Error
Understanding Medical Malpractice in Texas: Your Rights After a Medical Error
We trust doctors, nurses, and hospitals to provide care that heals — not harm. But when a healthcare provider’s negligence results in injury, worsening illness, or even death, it’s more than a medical mistake — it’s a violation of that trust.
At Brown & Musslewhite, Ltd., LLP, Ltd., LLP, our medical malpractice attorneys in Houston, Texas understand how devastating these situations can be for patients and their families. We combine compassion with legal precision to hold negligent providers accountable and help victims recover the justice and compensation they deserve.
📞 Call 713-234-6545 to schedule a consultation with a Houston medical malpractice attorney today.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care — the level of skill and attention that a competent professional would have provided under the same circumstances.
Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication or anesthesia mistakes
- Birth injuries
- Failure to monitor patients properly
- Hospital negligence or poor sanitation
- Lack of informed consent
Even highly trained professionals can make critical errors when systems fail, staff are overworked, or protocols are ignored. When these mistakes cause harm, patients have the right to seek accountability through a medical malpractice claim.
Who Can Be Held Liable for Medical Malpractice in Texas?
Medical malpractice doesn’t always rest on one person’s shoulders. Depending on the case, several parties may share liability, including:
- Physicians, surgeons, and specialists
- Nurses and medical technicians
- Pharmacists
- Hospitals and clinics
- Urgent care or surgical centers
- Medical device manufacturers
At Brown & Musslewhite, Ltd., LLP, we conduct a comprehensive investigation — examining records, consulting medical experts, and reviewing timelines — to identify exactly who was responsible and how the negligence occurred.
How Do You Prove Medical Malpractice?
To pursue a successful medical malpractice claim in Texas, four elements must be established:
- Duty of Care – The healthcare provider had a legal obligation to treat you according to accepted medical standards.
- Breach of Duty – The provider acted negligently or failed to meet that standard.
- Causation – The breach directly caused your injury or worsened your condition.
- Damages – You suffered measurable harm, such as medical bills, lost income, pain, or emotional distress.
Because these cases depend heavily on expert testimony and detailed evidence, working with experienced attorneys is essential.
Types of Medical Malpractice Cases We Handle
Our firm represents clients in a wide range of medical negligence cases, including:
- Surgical errors and retained surgical instruments
- Emergency room mistakes and triage failures
- Anesthesia and medication dosage errors
- Birth injuries, including cerebral palsy or Erb’s palsy
- Delayed diagnosis or failure to diagnose serious conditions
- Negligent post-operative care
Each case is unique, but our approach is consistent — thorough, strategic, and focused on your recovery.
Statute of Limitations in Texas Medical Malpractice Cases
Under Texas law, medical malpractice claims must generally be filed within two years from the date of the injury or from when the malpractice should reasonably have been discovered.
There are some exceptions, especially in cases involving minors or when the harm was not immediately apparent. Acting quickly is essential to preserve evidence and meet all procedural deadlines.
What Compensation Can You Recover?
Victims of medical malpractice may be entitled to recover compensation for:
- Medical expenses (past and future)
- Rehabilitation and therapy costs
- Lost income or reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- In wrongful death cases, funeral costs and loss of companionship
At Brown & Musslewhite, Ltd., LLP, we dig deep into the medical and financial evidence to ensure you’re not shortchanged — because your recovery deserves to be complete.
Why Choose Brown & Musslewhite, Ltd., LLP
Medical malpractice cases are among the most complex areas of personal injury law. Our Houston legal team brings years of combined experience, advanced investigation methods, and unwavering dedication to each client we represent.
We don’t just handle your case — we stand with you. From gathering evidence to negotiating with insurers and litigating in court, we make sure your voice is heard and your rights are protected.
Seek Justice and Healing Today
If you believe you or a loved one has suffered due to medical negligence, you don’t have to face the healthcare system alone. Our attorneys will guide you through every step of the process, helping you pursue the justice and closure you deserve.







