Dallas Medical Malpractice Lawyers Who Take the Time to Get Answers to Your Questions
Have you or someone you love been seriously injured due to a medical mistake in Dallas or anywhere in Texas?tor
Voted “Lawyer of the Year” for Medical Malpractice
When medical care goes wrong, the consequences can be devastating. Patients and families are often left with unanswered questions, unexpected medical bills, permanent injuries, or the unimaginable loss of a loved one.
At Rasansky | McKenzie Law, we understand that medical malpractice cases are not just legal matters. They are personal, complex, and often overwhelming.
Every Case Deserves Careful Attention
We take the time to listen, investigate, and explain what happened.
If you have concerns about any type of medical care, please either call us or share the details of your case for a free, confidential evaluation.
Our entire legal team is focused on one word: You. You are the most important part of our practice: you, your family, your suffering, your livelihood, and your needs. Let us put our passion for helping others to work for you.
Understanding Medical Malpractice in Texas
Medical malpractice occurs when a doctor, nurse, hospital, or healthcare provider fails to meet accepted standards of medical care, and that failure causes injury or death. These cases often involve breakdowns in diagnosis, treatment, monitoring, communication, or follow-up.
Patients do not seek medical care expecting to be harmed. When a preventable error occurs, the physical, emotional, and financial impact can be life-altering. Many victims struggle not only with their injuries, but also with uncertainty, fear, and a lack of clear answers about what went wrong.
Our Dallas medical malpractice attorneys focus on helping patients and families throughout Texas understand whether an injury was preventable and whether the law provides a path to recovery.
Medical Malpractice Is a Serious and Widespread Problem
Medical errors remain a significant issue in the U.S. healthcare system, including here in Dallas and throughout Texas. Research has shown that medical errors contribute to hundreds of thousands of deaths each year, with many more patients suffering serious, non-fatal injuries. A large number of these incidents are never formally reported or fully investigated.
While hospitals and healthcare systems have implemented safety initiatives and reporting protocols, preventable medical errors continue to occur. When those errors cause harm, patients deserve answers and accountability.
Why Medical Malpractice Cases Are Especially Challenging in Texas
Texas medical malpractice cases are governed by strict legal requirements, including procedural hurdles and statutory damage caps enacted as part of tort reform legislation. These laws make malpractice cases more complex, more expensive, and more time-intensive to pursue.
As a result, many law firms no longer handle medical malpractice cases at all.
We do.
At Rasansky | McKenzie Law, we intentionally take on complex medical negligence cases. We work with qualified medical experts, invest significant resources into record review and investigation, and carefully evaluate whether a case meets the legal and medical standards required under Texas law.
If we accept a case, it is because we believe it matters and deserves serious attention.
Types of Medical Malpractice Cases (Click To Learn More Information)
- Birth injuries
- Diagnostic Errors
- Surgical errors & mistakes
- Anesthesia Errors
- Medication Errors
- Emergency Room Errors
- Nursing Home Neglience & Abuse
- Hospital & Nursing Negligence
- Infection / Sepsis
- Failure to Treat & Follow Up
- Informed Consent
- Defective Medical Devices
Signs Medical Care May Have Fallen Below Accepted Standards
Most patients place a great deal of trust in their healthcare providers. When the outcome is poor or unexpected, it can be difficult to know whether what happened was unavoidable or the result of a medical error. While only a careful review can answer that question, certain situations may raise concerns that warrant further evaluation.
Delayed or Missed Diagnosis
One of the most common forms of medical malpractice involves delays in diagnosis or failures to diagnose a serious condition altogether. When a diagnosis is missed or significantly delayed, patients may lose valuable treatment time, allowing an illness to progress unnecessarily.
For example, failing to identify cancer, infection, stroke, or other serious conditions at an earlier stage can limit treatment options and significantly affect outcomes. If testing, symptoms, or clinical signs suggested a diagnosis that was not pursued or acted upon, further review may be appropriate.
Possible Negligence in Medical Decision-Making
- Medical negligence can take many forms and is not always obvious to patients at the time care is provided. Examples may include:
- Failing to order appropriate diagnostic tests
- Misinterpreting test results
- Providing treatment that does not align with accepted medical standards
- Prescribing medication without properly considering risks, side effects, or contraindications
These issues often become apparent only after medical records are reviewed in full.
Unexpected Decline or New Symptoms After Treatment
In some cases, a patient’s condition worsens following treatment, surgery, or hospitalization. While complications can occur even with appropriate care, unexpected deterioration, new symptoms, or unexplained changes in condition may signal that something was missed or improperly managed.
Symptoms such as shortness of breath, chest pain, neurological changes, severe infection, or persistent decline after treatment deserve careful attention and evaluation.
Poor medical outcomes do not automatically mean malpractice occurred. However, if you have concerns about delayed diagnosis, unexpected complications, or care that did not seem appropriate, those concerns deserve to be taken seriously.
A thoughtful review by an experienced medical malpractice lawyer can help determine whether the care provided met accepted standards and whether further action is warranted.
Who is Responsible for Medical Malpractice Mistakes (Click to Learn More Information)
- Hospitals
- Physicians
- Nurses
- Nurse Aids
- Midwives
- Nurse Practitioners
- Physician Assistants
- Therapists
- Surgery centers
- Nurse Anesthetists
- Lab Technicians
- Therapists
- Psychologists
- Psychiatrists
What to Do If You Suspect Medical Malpractice
It is common to feel unsure whether a poor medical outcome was unavoidable or the result of a medical error. Patients and families are often left with more questions than answers, especially when explanations are incomplete or conflicting.
You do not need to determine what went wrong on your own. If you have concerns, the most important step is to speak with a Dallas medical malpractice lawyer who can investigate the care you or your loved one received and give you clear, honest answers.
Let Us Handle the Medical Records and Investigation
Medical malpractice cases turn on the details buried in medical and nursing records. Obtaining, organizing, and reviewing those records is time-consuming and often overwhelming for patients and families.
We handle this for you.
Once we evaluate your case, we obtain the complete medical record, including hospital charts, physician notes, nursing documentation, diagnostic testing, operative reports, and follow-up care. Together with our in-house legal nurse consultants, we then review those records carefully to identify whether the care met accepted medical standards and whether critical warning signs were missed.
If you already have copies of records, we will review them. If not, we will gather what is needed.
Share What You Have Observed
While we take on the heavy lifting, your observations can be helpful. If you notice unexpected complications, worsening symptoms, or changes in condition, that information can provide important context when records are reviewed by our team of medical and nursing experts.
You do not need to organize evidence or build a case. Simply sharing what you experienced helps us ask the right questions and focus the investigation.
Speak With an Experienced Medical Malpractice Lawyer
- Medical malpractice cases are complex, medically and legally. An experienced medical malpractice attorney can:
- Obtain and review medical and nursing records
- Consult with qualified medical experts in the appropriate specialty
- Determine whether the care fell below accepted standards
- Explain whether Texas law allows a viable claim
- Walk you through your options clearly and honestly
Even if you are unsure whether malpractice occurred, a careful review can provide clarity and peace of mind.
There is no obligation to proceed, and consultations are confidential.
Practice Area Specialties (Click to Learn More Information)
- Radiology Errors
- Cardiology Errors
- Orthopedia Surgery
- Gastroenterology / EGD Errors
- Neurosurgery Errors
- Ob / Gyn Errors
- Oncology Errors
- Plastic Surgery Errors
Medical Malpractice: What You Need to Know
Medical negligence refers to a mistake or omission in medical care that causes harm. Medical malpractice is a legal claim arising from that negligence when it meets specific legal standards, including proof of duty, breach, causation, and damages.
Examples of medical malpractice may include:
- Failure to diagnose a serious condition
- Delayed treatment leading to disease progression
- Surgical errors
- Medication errors
- Failure to monitor or respond to patient deterioration
Determining whether negligence rises to the level of malpractice requires careful medical and legal analysis.
Where Malpractice Can Occur (Click Here to Learn More Information)
- Hospitals
- Nursing Homes
- Outpatient Surgery Centers
- Hospital ICU’s
- Urgent Care Centers
- Telemedicine
- Medical Spas
- Assisted Living Centers
The Role of Insurance Companies in Medical Malpractice Cases
Doctors and healthcare facilities typically carry professional liability insurance. These insurance companies investigate claims and provide defense counsel for healthcare providers.
It is important to understand that insurance companies are not neutral. Their role is to limit financial exposure, which often means disputing liability, minimizing damages, or offering early settlements that may not reflect the full extent of harm.
We handle communications with insurers so our clients can focus on healing.
Time Limits for Filing a Medical Malpractice Claim in Texas
Texas law generally requires medical malpractice claims to be filed within two years from the date of injury or death. There are limited exceptions, including circumstances where an injury was not immediately discoverable.
Because these deadlines are strict and unforgiving, it is important to seek legal guidance as soon as concerns arise.
Medical Malpractice, Wrongful Death, and Recovering Compensation
Medical malpractice can result in devastating injuries, and in some cases, the loss of life. When medical negligence causes death, Texas law allows certain surviving family members to pursue a wrongful death claim. These cases are not only about financial recovery, but also about accountability and acknowledgment of the profound loss suffered by the family.
Wrongful death claims may be brought by surviving spouses, children, and parents. They seek compensation for both the economic impact of the loss and the deeply personal harm caused by the death of a loved one.
Medical malpractice and wrongful death claims may involve several categories of damages, depending on the circumstances of the case.
Texas law places limits on non-economic damages in medical malpractice cases. However, economic damages are not capped, and in many cases they represent a substantial portion of the overall harm suffered by patients and families.
Recoverable Damages (Click to Learn Mor Information)
Economic
- Past & Future Medical Bills
- Loss Wages & Earning Capacity
- Rehabilitation & Long-Term Care
- Loss of Household Services
- Funeral & Burial Expenses
Non-Economic
- Pain & Suffering
- Mental Anguish
- Loss of Enjoyment of Life
- Loss of Companionship, Care & Consortium
In rare cases involving gross negligence or reckless conduct, punitive damages may also be available. These damages are intended to punish particularly dangerous behavior and deter similar misconduct in the future.
Every case is different. The type and amount of compensation available depends on the nature of the medical error, the severity of the injury, and the long-term impact on the patient or surviving family members.
What Must Be Proven in a Medical Malpractice Case
Medical malpractice cases are not based on a bad outcome alone. To succeed, the evidence must show that the injury resulted from care that fell below accepted medical standards. Under Texas law, several elements must be established. These elements are proven through medical records, expert review, and careful legal analysis, not by the patient or family alone.
- A Duty of Care Was Owed
A duty of care exists when a healthcare provider agrees to treat a patient. Once that relationship is established, the provider is legally required to deliver care consistent with accepted medical standards.
- The Accepted Standard of Care Was Breached
The standard of care refers to what a reasonably careful healthcare provider with similar training would have done under the same or similar circumstances. A breach occurs when the provider’s actions or omissions fall below that standard.
Examples of a breach may include:
- Failing to order appropriate diagnostic tests despite concerning symptoms
- Misinterpreting test results or failing to act on abnormal findings
- Performing a surgical procedure incorrectly
- Prescribing medication without considering known risks or contraindications
- Failing to monitor a patient or respond to signs of deterioration
Whether a breach occurred is determined by qualified medical experts who review the records and compare the care provided to accepted medical practices.
- The Breach Caused or Contributed to the Injury
It is not enough to show that a mistake occurred. The evidence must also demonstrate that the breach of care caused or substantially contributed to the injury.
This is often the most complex part of a medical malpractice case.
Examples:
- A failure to diagnose an infection allows it to progress to sepsis
- A delay in diagnosing cancer results in loss of curative treatment options
- Improper surgical technique causes permanent nerve damage
- Failure to monitor after surgery leads to unrecognized bleeding or respiratory failure
Medical experts evaluate whether earlier or appropriate care would have prevented or reduced the harm.
- The Injury Resulted in Measurable Damages
Finally, the injury must have caused actual harm that can be measured. Damages may be physical, financial, or both.
Examples of damages include:
- Additional medical treatment or surgeries
- Long-term rehabilitation or disability
- Loss of income or earning capacity
- Pain and suffering
- Permanent impairment
- Death
Medical records, employment records, and expert testimony are used to document and quantify these losses.
How These Elements Are Proven
Patients and families are not expected to prove these elements on their own. Establishing a medical malpractice case requires:
- Comprehensive medical and nursing record review
- Consultation with qualified medical experts
- Detailed analysis of timelines, decisions, and outcomes
- Careful application of Texas malpractice law
A thoughtful investigation helps determine whether the law supports a claim and whether pursuing the case is appropriate.
The Importance of Medical Experts
Medical malpractice cases rise or fall on the quality of the medical analysis behind them. Unlike other types of injury cases, these claims cannot be proven without qualified medical experts who understand both the medicine involved and the standards that govern professional care.
Medical experts play a critical role by carefully reviewing the complete medical and nursing record, identifying where care departed from accepted medical standards, and explaining how those departures affected the outcome. Their opinions help clarify whether an injury was preventable and whether earlier or different care would have made a meaningful difference.
Equally important, medical experts help translate complex medical issues into clear, understandable explanations for judges and juries. They provide context for clinical decisions, explain what should have happened under the circumstances, and address why certain warning signs should not have been ignored.
We work with experienced, highly qualified physicians and specialists whose expertise matches the specific medical issues involved in each case. Experts are selected based on the type of care at issue, the medical specialty involved, and the complexity of the injury. This careful, case-by-case approach ensures that every claim is evaluated thoroughly and responsibly.
Do I Have a Medical Malpractice Case?
This is one of the most common and understandable questions we hear. Every medical situation is different, and not every poor outcome results from malpractice. Determining whether a case exists requires a careful review of the medical care provided and the surrounding circumstances.
During your free case evaluation, we will listen to what happened, review any available information, and answer your questions honestly. If we decide to investigate your case, we will explain what that process involves and what can realistically be determined.
If we believe a case is viable and choose to move forward, we do so on a contingency basis. You do not pay legal fees unless we recover compensation on your behalf. If the law or medical evidence does not support a claim, we will tell you that as well, so you can have clarity and move forward with accurate information.
How We Help Clients Through the Process
Our role includes:
- Thorough medical record review
- Consultation with medical experts
- Managing insurance company communications
- Filing and litigating claims when appropriate
- Negotiating settlements or preparing cases for trial
We handle the legal burden so our clients can focus on their health and families.
Frequently Asked Questions
What is considered medical malpractice?
Medical malpractice is defined as professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes the victim injury, trauma, or wrongful death. This can include ignoring procedures, not acting in a timely manner, etc.
It’s important to remember though, that a bad outcome to a medical procedure is not automatically “medical malpractice.” The treatment provided must fall below the accepted standard of practice in the medical community in order to constitute a medical malpractice claim. I hear a lot of people complain about medical malpractice lawsuits simply because they do not understand this concept. People often say “why sue the doctor who was only trying to help you?” If the doctor’s treatment did not fall below the accepted industry standard, he or she did not commit medical malpractice in the eyes of the law.
Here are a few instances that may be considered medical malpractice:
- Not monitoring a patient’s vital signs in a proactive way, leading to the death of the patient.
- Leaving foreign objects inside a patient’s body, causing the victim discomfort and long-term health problems.
- Not treating a health condition in a timely manner.
- Failure to diagnose, or misdiagnosis of an illness, disease, or any other medical condition.
- Birth injuries (such as cerebral palsy) caused by leaving the baby in the birth canal for too long during delivery.
- Performing wrong site surgery (when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether).
See more on “what is medical malpractice?”
How much is my medical malpractice case worth?
While no one can compensate you for the loss of your health or a permanent injury, the justice system is set up so that you can recover monetary compensation after a medical mistake depending on what you lost due to the medical mistake and what the error cost you.
Medical malpractice cases take into consideration a number of factors when it comes to determining the value of your case. Your payout largely depends on the losses you suffered as a result of the medical error.
Your losses (damages) could include:
- The cost of your current and future medical needs.
- Whether you lost wages or the ability to work.
- The severity of your injuries.
- Whether pain and suffering were involved.
- Other influences of the injury on your life.
- Any pre-existing medical conditions.
- The degree of negligence of the doctor.
It is also important to remember that there are medical malpractice caps in Texas that may limit your reward. Since 2003, medical malpractice injury victims have been limited to collecting $250,000 in non-economic damages, such as pain and suffering and mental anguish. There are no caps on economic damages, including medical bills and lost wages.
Do you have a potential Dallas medical malpractice lawsuit that you would like to discuss with a Texas attorney? Call the Rasansky | McKenzie Law today to schedule a meeting with an experienced lawyer and learn more about your legal options.
Can I sue for medical malpractice in Texas after a medication error?
When most people think about hospital errors and medical malpractice lawsuits, they think about mistakes in the operating room or surgical errors. However, medication errors are one of the most common types of medical malpractice; especially in newborn children. Medication errors take place on a daily basis in Texas, and many of these mistakes can have dire consequences including permanent health issues, pain and suffering, and even wrongful death.
It’s important to understand that while the correct dosage taken for the correct reasons can have health benefits and even save lives, a wrong dose or the wrong medication can cause serious medical problems. You may be able to recover compensation from the hospital following such an error, but it’s important to discuss the facts of your case with an attorney before you make any decisions.
If you or a loved one has been harmed because of a medication error caused by a hospital, a doctor, a nurse, pharmacy, or another medical professional, you should speak with a Dallas medical malpractice attorney about the particulars of your case. Contact Rasansky | McKenzie Law today at (214) 651-6100 for a free consultation.
If my surgery doesn't go as planned, is it medical malpractice?
It is very important to understand that some surgical errors and medical mistakes are caused by negligence and carelessness, while others are simply unpreventable complications. If you or a loved one suffered from serious surgical complications, it is vital for you to determine why the complications took place and whether or not a doctor, nurse, or hospital was to blame for the issue.
Medical procedures, medical malpractice law, and medical errors can be difficult to understand – speaking to a Dallas Texas medical malpractice lawyer about the details of your case can help you determine whether or not you should pursue damages.
When it comes to medical malpractice, what does standard of care mean?
When questioning whether or not a doctor committed medical malpractice, attorneys and medical experts must first determine if the practitioner met the accepted standard of care. But what is the standard of care? Very simply, the accepted standard of care is based on how a doctor in the same field with the same qualifications would have acted in the same situation. For example, if a patient believes that his doctor was negligent in ordering the proper tests after a heart attack, whether or not that doctor is guilty of medical malpractice depends upon which tests other heart doctors would have ordered and what the outcome would have been. To learn more about the accepted standard of care in your own case, contact a Dallas medical malpractice attorney today.
Is misdiagnosis considered medical malpractice?
If a Texas doctor has misdiagnosed a disease, illness or condition – and that misdiagnosis harmed your health – you may very well have a TX medical malpractice case. A misdiagnosis can lead to the wrong treatment for your ailment as well as a delay of the right treatment – two medical mistakes that can prove to be extremely harmful and even deadly. In some cases, a misdiagnosis may take place because of doctor negligence, misread medical tests, mixed up medical tests, or the failure to order the correct medical tests. Common misdiagnoses include cancer misdiagnosis, clogged artery misdiagnosis, heart attack misdiagnosis, heart disease misdiagnosis, tumor misdiagnosis, and infection misdiagnosis.
Speak With a Dallas Medical Malpractice Lawyer Today
If you or a loved one has been harmed by a medical error, you deserve clear answers and a careful evaluation of your options.
Call (214) 643-8965, use the contact form on this page, or start a live chat. We are available 24 hours a day to listen and help you understand your next steps.
Your case matters. We take the time to prove it.