Medical care should heal, not harm. But when doctors, nurses, or hospitals make critical errors, the consequences can be devastating. If you or a loved one suffered due to medical negligence, working with an experienced Austin medical malpractice lawyer is crucial to holding the responsible party accountable and securing the compensation you deserve.
In Texas, medical malpractice claims are among the most challenging types of personal injury cases. Strict deadlines, legal caps on damages, and powerful hospital defense teams make these cases difficult to navigate without legal help. But with the right law firm in your corner, you can build a strong case and fight back against medical wrongdoing.
What Constitutes Medical Malpractice in Austin?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or death. Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors (wrong-site surgery, retained instruments, etc.)
- Anesthesia mistakes
- Birth injuries
- Medication errors
- Failure to monitor vital signs or symptoms
- Infections caused by poor hygiene or neglect
To win a claim, your attorney must prove that:
- A provider-patient relationship existed
- The provider acted negligently
- That negligence caused injury
- The injury resulted in damages (financial, physical, emotional)
Table: Common Medical Malpractice Injuries
| Type of Injury | Description | Potential Long-Term Impact |
|---|---|---|
| Brain damage | Caused by oxygen deprivation, trauma | Cognitive impairment, permanent care |
| Birth injuries | Shoulder dystocia, cerebral palsy | Lifelong disability, high medical costs |
| Surgical complications | Infections, organ damage, internal bleeding | Chronic pain, reoperation required |
| Medication errors | Overdose, allergic reaction, wrong drug | Organ failure, coma, or death |
| Misdiagnosis | Missed cancer, stroke, or heart attack | Worsened prognosis, death |
How Texas Law Handles Medical Malpractice Cases
Texas has placed several legal hurdles in the way of malpractice claims:
- Statute of Limitations: Victims must file within two years of the date of injury or discovery. If the injury is discovered later, the law gives some flexibility, but not beyond ten years in most cases.
- Damage Caps: Non-economic damages (like pain and suffering) are capped at $250,000 per provider, and $500,000 total for all providers combined.
- Expert Reports: Texas law requires a qualified medical expert to submit a report within 120 days of filing, outlining how the provider breached the standard of care.
These requirements make early legal intervention critical. Waiting too long or failing to meet any of these deadlines can result in your case being dismissed.
Chart: Medical Malpractice Claims by Category (Austin Area, Last 5 Years)
| Category | % of Total Cases | Examples |
| Misdiagnosis | 34% | Cancer, infections, heart conditions |
| Surgical Errors | 23% | Wrong-site, retained tools |
| Birth Injuries | 15% | Oxygen deprivation, forceps injuries |
| Medication Mistakes | 14% | Overdose, pharmacy mix-ups |
| Hospital Negligence | 9% | Staff shortages, poor sanitation |
| Other | 5% | Anesthesia errors, ER delays |
What Compensation Can You Recover?
An Austin medical malpractice attorney can help you pursue compensation for:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Disability and disfigurement
- Loss of consortium
- Funeral and burial costs (in wrongful death cases)
Though non-economic damages are capped, economic losses such as medical bills and lost wages are not.
How We Investigate Malpractice Claims
At Loncar Lyon Jenkins, we take a methodical approach to building strong malpractice cases. Our legal team:
- Gathers complete medical records
- Consults with board-certified experts
- Reviews provider history and hospital practices
- Interviews witnesses, staff, and other involved parties
- Prepares compelling evidence for negotiation or trial
These steps ensure no detail is overlooked. We prepare every case for court, giving us maximum leverage during settlement talks.
Understanding the Timeline of a Malpractice Case
| Phase | Estimated Timeframe |
| Medical Record Review | 1 to 2 months |
| Expert Evaluation | 2 to 4 months |
| Filing & Expert Report | Within 4 months of filing |
| Pretrial Motions | 6 to 9 months after filing |
| Mediation or Settlement | 9 to 18 months from filing |
| Trial (if necessary) | 18 months to 3 years |
These cases move slowly due to complexity and opposition. A skilled attorney ensures the process doesn’t stall.
Why Choose Loncar Lyon Jenkins for Your Austin Malpractice Claim?
- Over 35 years of legal experience handling medical malpractice, personal injury, and wrongful death
- Network of qualified medical experts to support your claim
- Aggressive courtroom strategy and negotiation skills
- Personal attention from a compassionate legal team
We’re not afraid to take on major hospitals or insurance carriers. Our record shows we’re willing to fight for what’s fair.
Areas We Serve in Austin and Surrounding Regions
- Downtown Austin
- East Austin
- North Lamar
- Travis Heights
- West Lake Hills
- Round Rock
- Pflugerville
- Cedar Park
- Kyle
- Buda
- Georgetown
- Leander
What to Bring to Your Free Consultation
To speed up your case evaluation, bring the following to your initial consultation:
- Medical records and billing statements
- Written communication with healthcare providers
- Insurance policy information
- Any correspondence from the provider or facility
- List of all doctors and facilities involved in your treatment
- Photos or journal entries related to your injury
Contact an Austin Medical Malpractice Lawyer Today
If you believe a medical professional’s negligence caused serious harm to you or a loved one, don’t wait. Call Loncar Lyon Jenkins today for a free consultation. We’ll listen, investigate, and take action so you can focus on healing while we fight for justice.
