Medical malpractice continues to be a critical issue in Austin, where top-tier hospitals and a thriving healthcare industry are counterbalanced by rising patient complaints and staggering national statistics. Falcon Law Group is dedicated to supporting clients who have suffered due to healthcare negligence, offering compassionate legal advocacy rooted in honesty and integrity. Se Habla Español.
Recent Medical Malpractice Statistics in Austin and Texas
Texas is one of the busiest states for medical malpractice litigation. In 2022, Texas ranked second nationwide for the number of claims filed, exceeding 3,500 lawsuits. The Texas Medical Board receives more than 9,000 patient complaints every year.Â
In 2023, 11,440 malpractice claims were reported in the National Practitioner Data Bank, with total payouts across the U.S. exceeding $4.8 billion and an average per-claim payout of $420,000. The average payout in Texas was about $199,000, reflecting the state’s damage caps on non-economic losses.
Understanding Medical Malpractice: Common Case Types
Medical malpractice in Austin can arise from a variety of negligent acts and omissions, including but not limited to:
- Failure to Diagnose: Missed or delayed recognition of a serious health condition, frequently leading to worsening illness or death.
- Negligent Treatment: Surgical errors, improper procedures, wrong medications, or inadequate treatment regimens.
- Failure to Warn or Obtain Informed Consent: Not alerting the patient to known risks of a treatment or procedure before they consent.
- Birth Injuries: Negligence during prenatal care or delivery causing harm to mother or child.
- Anesthesia Mistakes: Overdose, lack of patient monitoring, or equipment failure.
- Emergency Room Errors: Where cases require proof of not just negligence, but willful or wanton disregard for patient needs.
A large portion of claims is rooted in diagnostic failures. According to medical research, failure to diagnose represents the largest single source of malpractice suits against primary care doctors, with patient death occurring in 15–48% of recorded outcomes.
Proving Liability in Austin Medical Malpractice Cases
For a successful medical malpractice or personal injury claim, the plaintiff must show that a healthcare provider violated the established “standard of care” and caused injury as a direct result. In Texas, this typically involves:
- Establishing the standard of care that a prudent healthcare provider would have exercised under the same circumstances.
- Proving deviation from this standard (negligence or omission).
- Demonstrating that this negligence was the proximate cause of the injury.
- Specifying the damages and losses suffered.
Hospitals, clinics, individual doctors, and even pharmaceutical providers can be held liable. If multiple parties are responsible—for example, both a surgeon and an anesthesiologist—the law allows for shared liability.
Statute of Limitations for Medical Malpractice in Texas
Texas law imposes strict deadlines for filing medical malpractice lawsuits. In most cases:
- You must file your medical malpractice case within two years of the date the injury occurred, or from the end of the continuous treatment for the same condition by the defendant.
- For minors under 12, the lawsuit can be filed up to their 14th birthday.
- Claims filed after these deadlines are typically barred, regardless of merit.
It’s vital to act quickly, as evidence, witness recollections, and expert testimony become harder to secure over time.
Compensation Available to Medical Malpractice Victims
A successful claim can provide compensation for:
- Medical expenses (past and future)
- Rehabilitative care
- Lost wages and future earning capacity
- Physical pain and suffering
- Emotional distress
- Wrongful death damages (for surviving family)
However, Texas law caps non-economic damages to $250,000 per defendant, up to a $500,000 total per case, while economic damages such as lost wages and medical bills are not capped.
Why Choose Falcon Law Group?
With deep roots in the Austin community, Falcon Law Group stands out for combining fierce trial advocacy with the warmth and support of family. We manage all aspects of investigation, expert witness sourcing, negotiations, and when needed, litigation. We keep you informed and fight to ensure your voice is heard and your damages are properly accounted for.
Take Action Now
The aftermath of medical malpractice takes a substantial emotional and physical toll. Let Falcon Law Group guide you through these challenging times, holding negligent medical professionals accountable and safeguarding your right to compensation.
Contact Falcon Law Group today for a free, confidential consultation and let our experienced Austin medical malpractice attorneys advocate for your justice and healing.
