Houston Medical Malpractice Lawyers
When medical negligence causes serious harm, it can leave patients and families searching for answers in one of the most difficult areas of Texas law. Medical malpractice cases often require detailed records, expert review and a clear connection between a provider’s mistake and the injury. Working with an attorney can help ensure you get the legal support you need in case of medical negligence in Houston.
Winckler, Harvey & McConnell, LLP, has attorneys with more than 100 combined years of experience helping individuals and families throughout Texas, including Houston, pursue full compensation from insurance companies. We understand that medical malpractice cases are extremely difficult to prove in Texas, so for that reason, we cannot accept every case. When we do, we prepare it with the focus, resources and trial experience to meet serious claims demands.
Representing Victims Of Medical Malpractice At The Texas Medical Center In Houston
Major institutions in and around the Texas Medical Center include:
- MD Anderson Cancer Center
- Memorial Hermann-Texas Medical Center
- Houston Methodist Hospital
- Baylor St. Luke’s Medical Center
- Texas Children’s Hospital:
- Ben Taub Hospital
When a Texas Medical Center malpractice claim occurs, a Houston medical malpractice lawyer can help determine whether the harm was caused by negligence or by a known medical risk that could not reasonably have been avoided.
Houston Hospitals And Health Systems We Can Represent You Against
Medical malpractice can occur at any hospital in the Houston area. Beyond the Texas Medical Center, our firm represents patients harmed at facilities throughout the region, including:
- HCA Houston Healthcare (the largest hospital system in Houston, operating campuses in Kingwood, Tomball, Clear Lake, Northwest and Pearland)
- Memorial Hermann regional campuses (Sugar Land, Katy, The Woodlands, Southeast)
- Houston Methodist community campuses (Sugar Land, The Woodlands, West, Baytown, Clear Lake, Willowbrook)
- Texas Children’s suburban locations
- UTHealth Houston facilities
- UTMB Galveston, which serves a significant Houston-area patient population.
Common Cases Our Houston Medical Malpractice Attorneys Can Handle
Medical malpractice can take many forms:
- Misdiagnosis or delayed diagnosis: A delayed cancer diagnosis, missed stroke, untreated infection or failure to order proper testing can allow a condition to become much worse.
- Birth injuries: Negligence during pregnancy, labor or delivery can lead to cerebral palsy, hypoxic ischemic encephalopathy, shoulder dystocia, low fetal heart rate, ruptured uterus, preeclampsia or perinatal asphyxia.
- Medication errors: Patients can suffer serious harm when they receive the wrong drug, the wrong dose or a medication that conflicts with known allergies or other prescriptions.
- Surgical errors and anesthesia negligence: Mistakes during surgery can include operating on the wrong body part, leaving instruments inside the patient or failing to monitor vital signs.
- Wrongful death after medical malpractice: When negligence causes a patient’s death, surviving family members may pursue a wrongful death claim.
- Nursing home negligence: Nursing home residents can suffer from bedsores, falls, dehydration, malnutrition or medication errors when facilities fail to provide adequate care.
- Paralysis, quadriplegia and paraplegia: Medical errors during surgery or delayed treatment of spinal injuries can result in permanent paralysis.
- Hospital negligence and physician negligence: Hospitals can be liable for unsafe policies, inadequate staffing or credentialing problems. Physicians can be liable for errors in diagnosis or treatment.
- Nursing and staffing errors: Understaffing, inadequate training, or failure to follow protocols can lead to medication mistakes, missed warning signs, or preventable harm.
These cases require proof that a provider failed to meet the accepted standard of care and that the failure caused measurable harm.
Our Houston Medical Malpractice Attorneys Can Help Determine If You Have A Claim In Texas
Not every bad medical outcome is malpractice. Texas law requires you to prove four elements: duty, breach, causation and damages. The provider must have owed you a duty of care, breached the standard of care that a reasonably competent provider would have provided, and directly caused your injury through that breach. You must also have suffered actual damages as a result.
The standard of care is not perfection, and a poor result does not automatically mean negligence occurred. Under Texas Civil Practice and Remedies Code Chapter 74, you must serve an expert report on each defendant within 120 days of the date that the defendant files their original answer in the lawsuit.
Why Hire Winckler, Harvey & McConnell, LLP, For Your Houston Medical Malpractice Claim?
Clients choose Winckler, Harvey & McConnell, LLP, because of our:
- Recognized trial practice: Our firm has appeared on the Best Law Firms list since 2010, a recognition connected to the peer-review process used by The Best Lawyers in America.
- Board-certified leadership: Jay Harvey is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been recognized by Best Lawyers since 2006.
- Statewide trial involvement: Jay Harvey has served as president of the Texas Trial Lawyers Association and remains active on its board.
- Rising leadership: Sean A. McConnell has been selected for inclusion in the Texas Super Lawyers Rising Stars list since 2020 and also serves on the board of the Texas Trial Lawyers Association.
- Peer-reviewed reputation: Jay Harvey and Sean A. McConnell have each earned an AV* rating through Martindale-Hubbell’s peer-review process.
- Founding experience: Founder Jay Winckler is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been listed in Best Lawyers since 2009.
- Kim Ohrn graduated in top 10% of her law school class and has spent a decade handling complex personal injury cases.
These credentials matter because Houston medical malpractice claims often involve technical medicine, aggressive defense teams and high-stakes damages.
Texas Chapter 74 Presuit Requirements For Houston Cases
Texas law imposes strict presuit requirements that can destroy your claim if you miss them. You must send the defendant a notice of your claim at least 60 days before filing. After you file your lawsuit, you have 120 days to file an expert report from a qualified medical expert who explains the standard of care, how the defendant breached it, and how that breach caused your injury. Missing either the 60-day notice or the 120-day expert report deadline can end your case entirely. Courts rarely grant extensions. Working with a Houston malpractice attorney from the outset protects your claim by ensuring you meet every procedural requirement.
How Much Time Do You Have To File A Medical Malpractice Case In Harris County?
In many Texas medical malpractice cases, the deadline is two years from the date of the negligent act or from the end of the relevant course of treatment. Under Texas law, the two-year statute of limitations for medical malpractice runs strictly from the date of the negligent act or the completion of treatment, as Texas law generally does not recognize the discovery rule for medical claims except under narrow constitutional exceptions.
Where Are Medical Malpractice Lawsuits Filed In Houston, Texas?
Medical malpractice lawsuits in Houston are filed in Harris County courts, depending on the parties involved, the amount in controversy and the facts of the case. The Harrison County Civil Courthouse located in 201 Caroline Street, Houston, Texas 77002 houses multiple judicial entities and administrative offices, including:
- Harris County District Courts
- Harris County Civil Courts at Law
- Harris County District Clerk’s Office
Some cases may also involve federal court issues, government hospital notice rules or defendants located outside Harris County.
Can You Sue A Major Hospital In Houston?
Yes, you may be able to sue a major Houston hospital if negligence by the hospital, its staff or responsible providers caused serious harm. A hospital may be responsible for unsafe policies, poor staffing, nursing errors, credentialing problems, failure to monitor patients or mistakes made by employees.
However, not every doctor working in a hospital is legally treated as a hospital employee. Some providers may be independent contractors, and some cases may involve multiple defendants.
Take Action With The Help Of Our Houston Medical Malpractice Lawyer
Winckler, Harvey & McConnell, LLP, offers free consultations for serious medical malpractice claims. Our firm handles cases throughout Texas, including Austin, San Antonio, Houston and the Rio Grande Valley. Call 512-593-7399 or fill out our online contact form to speak with a Houston medical malpractice lawyer about your case.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.