Texas Medical Malpractice Lawyers
If a doctor, hospital or other provider in Texas caused serious harm through preventable negligence, we will review what happened. Thomas & Wan is a Houston trial firm that takes medical malpractice cases from across the state.
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- Texas Monthly SuperLawyer & past Rising Star · Houstonia Top Lawyer
- 60+ years combined experience · pursuing justice since 1987
- Free consultation — no fee unless we recover
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Call Now: (713) 529-1177What a Texas medical malpractice case actually involves
Texas is one of the harder states in the country in which to bring a medical malpractice claim, and that is a deliberate feature of its law rather than an accident. The requirements are procedural as much as evidential, and they arrive early.
The practical consequence is that the decisive work happens before anything is filed. A claim needs the complete medical record and a qualified physician who has read it and is willing to say the care fell below the accepted standard. Without both, the strongest-sounding story does not become a case.
That is also why the honest answer to “do I have a case?” is almost never available on a first phone call. What is available is a decision about whether the records are worth obtaining — and that decision costs a family nothing. More on what medical malpractice covers.
The kinds of cases we take
Birth injuries
Harm to a baby or mother before, during or shortly after delivery, including oxygen deprivation and delayed intervention.
Misdiagnosis & delayed diagnosis
Conditions missed, dismissed, or identified late enough that the available treatment changed.
Surgical errors
Injury during an operation, wrong-site or wrong-procedure surgery, retained objects, and post-operative failures.
Emergency room errors
Failures in triage, testing, admission or discharge in a hospital emergency department.
Medication errors
The wrong drug, the wrong dose, a missed interaction, or a pharmacy or administration mistake.
Brain injuries
Permanent neurological harm following surgery, anaesthesia, or an untreated deterioration.
The firm focuses on medical malpractice rather than taking every kind of injury claim. If a case falls outside that, we will say so early rather than hold on to it.
How a case is investigated
The complete record, not the summary
The first step is obtaining the full chart — physician and nursing notes, medication administration records, labs, imaging, operative and anaesthesia records, monitoring strips, and the communications between providers. A discharge summary is an account written afterwards by one party. It is not the evidence.
Independent physician review
A qualified physician in the relevant specialty reviews the care as it was actually documented. This is where most enquiries end, and that is the system working: a bad outcome, by itself, does not establish malpractice. Serious harm happens even when the care was appropriate, and a review that says so has saved a family years.
Meeting Texas procedure
Texas applies strict procedural requirements to medical malpractice claims, including a qualified expert report on a strict statutory timeline. Missing one of them can end a claim regardless of its merits, which is the practical reason these cases are handled by firms that do this work repeatedly.
Where we practise in Texas
Our office is in Houston and we take cases from across the state. Texas applies the same procedural requirements to a medical malpractice claim wherever in the state it is filed, so where a family lives changes the logistics of a case, not its substance.
San Antonio
Gulf Coast
Rio Grande Valley
Not listed? See every Texas city we handle cases in — the list above is where we keep a dedicated page, not the limit of where we work.
What it costs to bring a case
Thomas & Wan works on a contingency fee. There is no fee unless there is a recovery, the case review is free, and families are not asked to pay anything up front. Obtaining and reviewing the medical records — the expensive, time-consuming part of deciding whether a case exists — is carried by the firm.
We do not put a number on what a case might be worth before the records have been read. Anyone who does is guessing.
Questions Texas families ask
Is it worth suing for medical malpractice?
That depends on what the medical records show and what the injury has cost. A review asks whether the care fell below the accepted standard, whether that is connected to the harm, and what the ongoing needs are. Having the records reviewed costs a family nothing and does not commit them to filing anything.
What are examples of medical negligence?
The categories that come up most often are a missed or delayed diagnosis, a surgical error, a medication mistake, a failure to monitor a patient whose condition was changing, and failures during labor and delivery. Whether any of them amounts to negligence in a particular case is a question for qualified expert review of the complete records.
How much does a medical malpractice lawyer cost?
Thomas & Wan works on a contingency fee: there is no fee unless there is a recovery. The initial case review is free, and families are not asked to pay anything up front.
How difficult is it to sue for malpractice in Texas?
Texas applies strict procedural requirements to medical malpractice claims, including a qualified expert report on a strict statutory timeline. That is why these cases are usually handled by firms that focus on them, and why gathering the records early matters.
How long do I have to bring a claim?
A strict statutory timeline applies in Texas, and some circumstances can change it. Because records become harder to assemble as time passes, the safest course is to have the file reviewed early rather than wait.
Why timing matters
A strict statutory timeline applies in Texas, and some circumstances can change it. The deadline is only half the reason to move early: records become harder to assemble as time passes, and the expert review that decides whether a case exists has to happen before anything is filed.
More on Texas filing deadlines
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Call Now: (713) 529-1177