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Medical malpractice · McAllen, Texas
McAllen Medical Malpractice Lawyer
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If a doctor, nurse or hospital made a mistake that hurt you or someone you love, our McAllen medical malpractice lawyer can review what happened. Texas sets strict early steps for these cases, including a written notice and a doctor's report, so we start with your records and tell you plainly whether a case can move forward.
- Attorney Alex Martinez reviews your records
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
In the media
en los medios
“100% recommend fought for my case until the end, always kept good communication and answered my questions …”
Ile FarmsGoogle · EN
Understanding the claim
What counts as medical malpractice
Medical malpractice is harm caused when a doctor, nurse, hospital or other health care provider fails to give the care a careful provider would have given in the same situation. That expected level of care is called the standard of care.
A bad result on its own is not malpractice. Texas juries are told that a bad result alone cannot prove negligence (CPRC 74.303), so our medical malpractice attorney looks for the specific mistake and for proof that it caused the harm.
Call soon. Texas gives most of these claims two years, and the steps before a lawsuit take time.
| Claim against a doctor | Claim against a hospital | |
|---|---|---|
| Who answers | The doctor, for his or her own diagnosis, treatment and surgery decisions | The hospital, for the nurses and staff it employs and for its own policies and equipment |
| What we check | Who employed the doctor, because that decides who answers for each decision | Whether it is a public hospital, which may need written notice within six months (CPRC 101.101) |
| Damage limit | Up to $250,000 in non-economic damages for all doctors together (74.301) | Up to $250,000 per hospital or facility, $500,000 for all of them (74.301) |
Why Alex Martinez Law
Why patients call us
tu salud importa
Your attorney reads the records.
Alex Martinez, licensed in Texas and admitted to the U.S. District Court for the Southern District of Texas, reviews your records and stays your contact.
Trial background for hard cases.
Adrian Martinez, of counsel, has more than 40 years in civil litigation, including jury trials.
Medical terms in plain words.
We explain what the records say, and what each step means, in English or Spanish.
Reachable day and night.
Our 24/7 line and WhatsApp reach the team, and you can meet us at our McAllen office or our Brownsville office in Olmito.
Fees only from a recovery.
You pay no attorney’s fee unless we recover money for you. Case costs, such as filing fees and records, are explained in writing before you sign.
How we handle it
How we handle a medical malpractice case
Who works your case
Alex Martinez reviews the case first: what care you received, what went wrong, who made each decision and whether the harm can be tied to that mistake. A qualified physician then reviews the records, because Texas requires a doctor's report early in the case. Alex works with Adrian Martinez, a trial lawyer with 40+ years in civil litigation.
Evidence we gather
- Complete medical and billing records
- Nursing notes, medication and lab records
- Imaging, test results and monitoring strips
- Hospital policies and staffing records
- Review by a qualified physician
- Proof of lost income and future care needs
What to bring
You do not need everything to call. We request the full records for you.
- Names of every doctor, hospital and clinic
- Dates of visits, surgeries and hospital stays
- Discharge papers and prescriptions
- Bills and insurance statements
- Notes or a journal of your symptoms
- Photos of injuries, if any
Cases we handle
Medical malpractice cases we handle
Missed or late diagnosis
Cancer, heart attack, stroke, infection and other conditions that were not caught in time.
Surgical errors
Wrong-site surgery, injured organs or nerves, objects left inside the body and poor follow-up care.
Medication errors
The wrong drug, the wrong dose or a dangerous combination, in the hospital or at the pharmacy.
Birth injuries
Harm to a mother or baby from delayed delivery, missed warning signs or errors during labor.
Emergency room errors
Patients sent home too soon or not treated in time. Texas sets a higher bar for these claims.
Deaths after medical care
When a medical error costs a life, the family may have a wrongful death claim.
Texas law
How long do you have to file a medical malpractice claim in Texas?
Usually two years from the date of the mistake, or from the end of the treatment or hospital stay it happened in (CPRC 74.251). Children under 12 have until their 14th birthday, and no claim can be filed more than 10 years after the act. Before any lawsuit, Texas also requires a notice letter and, soon after filing, a doctor's report.
General information, not legal advice. Exceptions apply — ask us about your own dates.
2 yrs
to file, from the date of the mistake or the end of the treatment. Children under 12 have until age 14.
60 days
Written notice by certified mail, with a medical records authorization, before a lawsuit. It extends the deadline by 75 days.
120 days
after each defendant answers, a physician's report must be served, or the claim is dismissed and the patient may owe the provider's attorney's fees.
$250,000
limit on non-economic damages, such as pain and mental anguish, against doctors. Hospitals: $250,000 each, $500,000 total. Medical bills and lost income are outside this limit.
ER rule
Emergency room claims must show willful and wanton negligence, a higher bar than ordinary negligence.
6 months
notice for claims against a public hospital or other government provider. Some cities require it sooner.
When a medical error causes a death, the family may also have a wrongful death claim.
Step by step
What happens after you call
Right now: ask for copies of your records, keep your bills and discharge papers, and write down dates and names while you remember them.
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01Day one
A private first conversation
We listen, ask about your care and explain whether Texas rules allow a claim.
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02First weeks to months
Records and physician review
We collect the full records and have a qualified physician review the care.
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03Before filing
Notice letter
We send the written notice and records authorization Texas requires at least 60 days before suit.
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04Months
Lawsuit and physician report
We file suit and serve the physician's report within 120 days of each defendant's answer.
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05Often a year or more
Settlement or trial
Evidence is exchanged, and the case ends with a settlement or a verdict. You decide on any settlement offer.
Fees and consultation
What a case review costs
You pay no attorney’s fee unless we recover money for you.
Case costs, such as filing fees and records, are explained in writing before you sign.
Right now: ask for copies of your records, keep your bills and discharge papers, and write down dates and names while you remember them.
The case review is free. You can call, send a WhatsApp message or fill in the form, in English or Spanish.
Medical cases need records and physician reviews, which cost money. We explain these case costs, and how they are handled, before you sign anything.
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the U.S. District Court for the Southern District of Texas. Works with Adrian Martinez, of counsel, a trial lawyer with 40+ years in civil litigation.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Medical malpractice questions
How do I know if I have a medical malpractice case?
You may have a case if a provider's care fell below what a careful provider would have done, and that mistake caused real harm. A bad outcome alone is not enough. We look at the records, the timing and how serious the harm is, and a qualified physician reviews the care before any claim is filed.
Can I sue the hospital, or only the doctor?
It depends on who made the mistake. A hospital answers for its own staff and policies, and a doctor answers for his or her own decisions. Many cases involve both. We check who employed each person involved, because that decides who is responsible.
Is there a limit on how much I can recover in Texas?
Yes, for some damages. Non-economic damages, such as pain and mental anguish, are limited to $250,000 against doctors and $250,000 per hospital, up to $500,000 for all hospitals (CPRC 74.301). Medical bills and lost income are not part of that limit. In death cases a separate limit applies to the total award, adjusted for inflation, with medical care costs left out (CPRC 74.303).
How do I get a copy of my medical records?
Ask the hospital or doctor's office in writing. Under federal privacy rules, they must act on your request within 30 days, with one 30-day extension allowed (45 CFR 164.524). Once a claim is made, Texas law also gives the parties access to the records (CPRC 74.051). We can request them for you.
How long does a medical malpractice case take?
Usually longer than other injury cases, because of the notice period, the physician's report and the medical evidence. Timing depends on the records, the number of providers involved and whether the case goes to trial. We give you a realistic picture after the review.
Injury help across South Texas
Offices in McAllen and Brownsville. Phone and video consultations anywhere in the Valley.
Hurt by medical care? Talk to us.
Call any time, in English or Spanish. The first conversation is private.