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Medical Malpractice Lawsuits in McAllen: What You Need to Know

We trust doctors and healthcare providers to protect our health, not to endanger it. But when a medical professional makes a mistake that causes harm, the consequences can be life-changing. Medical malpractice is a serious issue in McAllen and across Texas, and patients who’ve suffered due to a provider’s negligence have a legal right to seek justice.

At J.A. Davis & Associates, we represent patients and families who’ve been harmed by negligent medical care. If you suspect that a doctor, nurse, hospital, or specialist in McAllen made a grave error, here’s what you need to know about pursuing a medical malpractice lawsuit.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in an injury to a patient. In legal terms, this means:

A provider-patient relationship existed

The provider acted negligently by deviating from the accepted standard

That negligence directly caused harm

The patient suffered measurable damages (physical, emotional, or financial)

Not every medical complication is malpractice. However, when preventable errors result in serious harm, the law provides a path for holding providers accountable.

Common Examples of Medical Negligence

Medical malpractice can occur in many forms and across various specialties. The most common types of malpractice claims in McAllen include:

Misdiagnosis or delayed diagnosis

Surgical errors (wrong-site surgery, retained instruments, anesthesia errors)

Medication mistakes (wrong dosage or drug interactions)

Birth injuries (brain damage, Erb’s palsy, maternal hemorrhage)

Failure to monitor or respond to complications

Negligent emergency room care

Improper follow-up or discharge

If a competent provider had acted differently under the same circumstances, and their error caused injury, you may have grounds for a lawsuit.

Who Can Be Held Liable?

Depending on the circumstances, multiple parties may be responsible in a medical malpractice case:

  • Physicians (general practice or specialists)
  • Surgeons and anesthesiologists
  • Nurses and nursing staff
  • Hospitals or clinics
  • Pharmacists or pharmacies
  • Diagnostic labs
  • Urgent care facilities

We investigate each case to determine who had a duty to care for the patient, what went wrong, and who should be held accountable.

Texas Medical Malpractice Laws: What Makes Them Unique?

Texas law has some specific requirements and restrictions on medical malpractice claims, including:

1. Shorter Statute of Limitations
Victims typically have two years from the date of the malpractice or the end of the treatment period to file a lawsuit. In rare cases, exceptions may apply (e.g., minors or delayed discovery), but it’s important to act quickly.

2. Caps on Non-Economic Damages
In Texas, there are limits on pain and suffering damages in malpractice claims:

$250,000 per defendant (individual doctor or provider)

$500,000 total cap if multiple defendants (hospital + physician)

These caps do not limit economic damages, such as medical bills or lost wages.

3. Expert Report Requirement
Within 120 days of filing a lawsuit, plaintiffs must submit an expert report from a qualified medical professional who outlines:

  • The standard of care that was violated
  • How the breach caused harm
  • The connection between negligence and injury
  • Failure to meet this requirement can lead to dismissal of your case.

Building a Strong Case: How We Help

Medical malpractice lawsuits are highly technical and fact-driven. At J.A. Davis & Associates, we take the following steps to support your claim:

Thorough Case Review
We review your entire medical history, including:

  • Hospital records
  • Physician notes
  • Imaging scans
  • Lab reports
  • Prescription records

Our attorneys work with medical experts to identify errors, timelines, and causes of injury.

Expert Testimony
We consult specialists in the same field as the negligent provider to determine whether they deviated from accepted medical practices.

Damage Documentation
We calculate both economic and non-economic losses, including:

  • Medical treatment costs
  • Lost wages and future income
  • Pain and suffering
  • Rehabilitation and long-term care
  • Loss of life, enjoyment or mobility
  • Negotiation and Litigation
    We attempt to resolve malpractice claims through negotiation or mediation. But when healthcare corporations or insurance companies refuse to offer fair compensation, we prepare for trial and fight to secure justice in court.

What Damages Can You Recover?

In a successful medical malpractice case, you may be entitled to:

  • Past and future medical expenses
  • Lost income and reduced earning ability
  • Pain and suffering
  • Disfigurement or permanent disability

Wrongful death damages (if malpractice caused a loved one’s death)

Even though Texas caps non-economic damages, economic losses can be substantial and are not limited.

Common Defenses in Malpractice Cases

Healthcare providers and their insurance companies rarely admit fault. Common defenses they may raise include:

  • The injury was a known risk of the procedure
  • The patient didn’t follow instructions
  • The provider exercised reasonable judgment
  • The injury was pre-existing or unrelated

Our team prepares detailed counterarguments, backed by expert analysis and clear evidence.

Why Experience Matters in Malpractice Claims

These cases are among the most challenging in personal injury law. Success requires:

  • Knowledge of both legal and medical principles
  • Access to credible expert witnesses
  • Ability to meet strict procedural rules
  • Willingness to take the case to trial if necessary

At J.A. Davis & Associates, we’ve represented victims in complex malpractice claims across McAllen and the Rio Grande Valley. We’re prepared to hold negligent providers accountable—no matter how powerful their legal defense.

If you or a loved one was injured due to a preventable medical mistake, don’t suffer in silence. Medical malpractice is deeply personal and often traumatic—but the law gives you the right to demand accountability.

Let J.A. Davis & Associates stand with you. We’ll listen to your story, evaluate your case, and fight for the justice and compensation you deserve. Contact us today for a free consultation.