When you place your trust in a healthcare provider, you expect safe, attentive care. When something goes wrong, the impact can be life-changing. At Omondi & Associates, our attorneys, led by Tom Omondi, whose background includes both nursing and law, help you understand what you can do next.
Learn Your Rights and Protect Your Future
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet accepted standards of care, resulting in harm. This can include surgical mistakes, delayed diagnosis, medication errors, or preventable infections. It is not just about a bad outcome: it is about whether proper medical care was followed and whether that failure caused your injury.
In Texas, these cases fall under Chapter 74 of the Texas Civil Practice & Remedies Code and are treated as “health care liability claims.” You generally have two years to file, and strict rules, like providing an expert report within 120 days, apply. Our attorneys understand both the legal and medical aspects of medical malpractice and help build strong claims to secure the maximum possible compensation.
Steps to Take In a Medical Malpractice Case:
- Seek immediate medical attention and follow all recommended care
- Request and preserve complete medical records, test results, and discharge summaries
- Document symptoms, complications, and changes in your condition over time
- Take photographs of visible injuries, surgical sites, or complications
- Keep copies of prescriptions, medication labels, and pharmacy records
- Save all bills, invoices, and proof of medical and related expenses
- Write down the names of doctors, nurses, and staff involved in your care
- Avoid discarding any medical devices, equipment, or materials related to your treatment
- Keep a personal journal detailing pain levels, limitations, and recovery challenges
- Preserve any communication with healthcare providers, including emails and messages
- Refrain from discussing your case with insurance representatives without guidance
- Contact an experienced medical malpractice attorney to review your case
Types of Medical Malpractice Cases
Surgical Errors
Surgical mistakes can occur before, during, or after a procedure. These may include operating on the wrong site, leaving instruments inside the body, or failing to monitor complications. Even routine surgeries can lead to serious harm when protocols are not followed.
Misdiagnosis or Delayed Diagnosis
When a condition is misdiagnosed or diagnosed too late, it can prevent you from receiving timely and appropriate treatment. This is especially critical for conditions like cancer, infections, or internal injuries, where early intervention can significantly impact outcomes.
Medication Mistakes
Medication errors can happen at multiple stages, including prescribing, dispensing, or administering drugs. Incorrect dosages, harmful drug interactions, or giving the wrong medication can lead to severe complications or long-term health consequences.
Hospital-Acquired Infections
Healthcare facilities are expected to follow strict sanitation and safety protocols. When those standards are not met, patients may develop infections such as sepsis or surgical site infections, which can prolong recovery or lead to life-threatening conditions.
Birth Injuries
Negligence during pregnancy, labor, or delivery can result in serious harm to both mother and child. This may include improper use of delivery tools, failure to respond to fetal distress, or delayed emergency interventions, potentially leading to lifelong complications.
Anesthesia Errors
Errors involving anesthesia, such as incorrect dosage, failure to monitor vital signs, or not reviewing a patient’s medical history, can result in severe injury, brain damage, or even death. These cases often involve highly preventable mistakes with devastating consequences.
Medical Malpractice FAQs
How Long Do I Have to File a Claim in Texas?
In most cases, you have two years from the date of the negligent act or from when treatment ended to file a claim under Chapter 74 of the Texas Civil Practice & Remedies Code. Missing this deadline can prevent you from recovering compensation altogether.
What Compensation Can I Recover?
Texas separates damages into two main categories: economic and non-economic.
Economic damages are not capped and include measurable financial losses such as medical bills, ongoing treatment costs, future care needs, and lost income. Non-economic damages, which cover pain and suffering, emotional distress, and loss of quality of life, are limited under Texas law. In most cases, they are capped at $250,000 per healthcare provider, with additional limits that may apply when multiple healthcare institutions are involved.
Do I Need an Expert to Prove My Case?
Yes. Texas law requires an expert report early in the case, which must be served within 120 days of the defendant’s answer.
The report must explain:
- The standard of care
- How it was breached
- How that breach caused your injury
Is Every Medical Mistake Considered Malpractice?
Not necessarily. A poor outcome alone does not mean negligence occurred. The key question is whether the provider failed to meet accepted medical standards and whether that failure caused harm. At Omondi & Associates, our attorneys understand how to evaluate the medical details behind these cases using both legal experience and medically informed insight.
Contact Us for a Free Case Evaluation
It Costs Nothing to Understand Your Options After a Medical Malpractice
When something feels wrong about your care, you deserve clear answers. At Omondi & Associates, our attorneys take the time to listen, review your records carefully, and guide you through your options. Led by founding attorney Tom Omondi, who brings a rare perspective as both a registered nurse and attorney, our team understands these cases from both the medical and legal sides. Reach out today to schedule a free case review.
