Eagle Pass Medical Malpractice Lawyers

You went in for treatment, and you came out worse. Maybe a diagnosis came weeks too late, or a surgical error sent you back to the hospital for a second procedure you never should have needed. If a provider’s mistake caused your injury in Eagle Pass, Gonzalez & Associates P.C. can help you understand whether you have a malpractice claim.

Our medical malpractice lawyers are here to help you understand your options. Call our office at (830) 757-8323 or contact us online for a free consultation. Se habla español.

Why Eagle Pass Families Trust Gonzalez & Associates P.C.

We were founded by twin brothers Hector and Antonio Gonzalez with a single goal: to protect the people of Eagle Pass, Laredo, and South Texas. Our entire team is bilingual, so you can discuss your case in English or Spanish without relying on a translator. We work on a contingency fee, so you don’t owe us anything unless we recover for you.

We’re familiar with the medical providers in our community, including Fort Duncan Regional Medical Center, and we understand how serious injury cases affect families in this part of Texas. When a provider’s mistake causes harm, we take it personally.

What Is Medical Malpractice Under Texas Law?

Under Texas Civil Practice and Remedies Code Chapter 74, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care during treatment, and that failure causes injury. Not every bad outcome qualifies, but when a provider deviates from what a competent professional would have done and that deviation causes real harm, Texas law allows you to pursue compensation. Common situations include:

• Misdiagnosis or delayed diagnosis: A condition goes untreated because the provider failed to identify it in time.
• Surgical errors: Operating on the wrong body part, leaving instruments inside a patient, or causing unnecessary tissue damage.
• Medication mistakes: Prescribing the wrong drug or dosage, or missing dangerous drug interactions.
• Birth injuries: Harm to a mother or child during delivery caused by a failure to monitor or intervene.
• Anesthesia errors: Administering too much or too little, or failing to review the patient’s history for known risks.
• Emergency room failures: Discharging too early, misreading results, or failing to order necessary imaging.

How Do You Prove a Medical Malpractice Claim in Texas?

You must establish four elements: the provider owed a duty of care, they breached it, the breach directly caused your injury, and you suffered measurable damages. Texas also imposes strict procedural requirements:

• 60-day pre-suit notice: You must send written notice via certified mail, return receipt requested, to each provider at least 60 days before filing. This is required under Section 74.051 of the Texas Civil Practice and Remedies Code.
• Required medical report within 120 days: After each defendant files their original answer, you have 120 days to serve a written report from a qualified medical expert explaining how the standard of care was breached and how that breach caused your injury. Missing this deadline may result in your case being dismissed with prejudice.

Having the right legal team from day one can make the difference between a case that moves forward and one that gets dismissed. 

What Compensation Could You Recover for Medical Malpractice?

Texas law separates malpractice damages into economic and non-economic categories, each with different rules for what you can recover.

Economic Damages

Economic damages are not capped under Texas law. These include past and future medical bills, lost income, reduced earning capacity, and rehabilitation costs.

Non-Economic Damages

Under Section 74.301, non-economic damages against all individual physicians and providers combined are capped at $250,000 per claimant. Against a single health care institution, the cap is also $250,000. If multiple institutions are liable, the combined institutional cap is $500,000, for a total maximum of $750,000 across all defendants.

If a medical error caused the death of a family member, surviving relatives can also pursue a wrongful death claim to recover additional losses, including funeral expenses, loss of companionship, and the financial support the deceased would have provided.

What Is the Deadline to File a Medical Malpractice Lawsuit in Texas?

Texas law gives you two years from the date of the injury to file a medical malpractice lawsuit under Section 74.251 of the Civil Practice and Remedies Code. If the injury occurred during ongoing treatment, the clock may start on the last day of that treatment. 

A 10-year statute of repose also applies, meaning no claim can be filed more than 10 years after the malpractice occurred, regardless of when you discovered the harm. Texas law includes special provisions for minors under the statute of repose. Speak with our team as soon as possible to understand your child’s specific deadline.

FAQ: Medical Malpractice Claims in Eagle Pass

Can I Sue a Hospital in Eagle Pass for Medical Malpractice?

Yes. Hospitals and health care institutions can be held liable for medical malpractice in Texas, either for the direct negligence of their staff or under a theory of vicarious liability when an employee causes harm while acting within the scope of their job. Fort Duncan Regional Medical Center and other facilities in the Eagle Pass area are subject to the same standards as providers across the state. If a nurse, technician, or other hospital employee made an error that injured you, the institution may share responsibility for that harm.

What if the Provider Who Harmed Me Works for a Government-Run Facility?

Claims against government-employed providers, such as those working at a federally funded community health center, involve different rules than standard malpractice claims. Under the Federal Tort Claims Act, you may need to file an administrative claim with the appropriate federal agency before you can sue in court, and the deadlines are different from those in Texas state law.

Does Texas Law Protect Doctors From Lawsuits in Emergency Situations?

Texas law does provide some liability protections for emergency care under Texas Civil Practice and Remedies Code § 74.151. A physician or health care provider who treats someone in a hospital emergency setting is generally held to a gross negligence standard rather than the ordinary negligence standard that applies in non-emergency care. 

Speak With Our Eagle Pass Medical Malpractice Legal Team Today

A medical error can change everything for you and your family. If you believe a healthcare provider’s negligence caused your injury, our medical malpractice attorneys at Gonzalez & Associates P.C. are ready to listen and help you understand what comes next. We offer free consultations, and our bilingual team is available to answer your questions in English or Spanish. Call (830) 757-8323 or contact us online today. Se habla español.