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Home .   Dallas .   Personal Injury .   Medical Malpractice Dallas

Medical Malpractice Practice Attorney

in Dallas & Fort Worth TX

When a doctor, nurse, or hospital makes a mistake, the consequences can follow you for the rest of your life. A wrong diagnosis. A surgical error. A medication mix-up. These are not just medical failures. They are moments that change everything.

At Frenkel & Frenkel, we represent patients and families across Dallas and Fort Worth who have been harmed by medical negligence. Our attorneys have decades of experience handling complex medical malpractice cases, and we know what it takes to hold healthcare providers accountable under Texas law.

If you believe you or someone you love was hurt because of a medical error, you may be eligible to pursue compensation. Call us today at (214) 333-3333 for a free consultation. We are available 24/7.

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What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. Doctors, nurses, surgeons, anesthesiologists, pharmacists, and hospitals can all be held responsible when their negligence leads to injury, illness, or death.

Not every bad medical outcome is malpractice. But when a provider does something a reasonably skilled professional would not have done, or fails to do something they should have, and you suffer as a result, that is where the law steps in.

Medical malpractice cases are among the most complex in personal injury law. They require detailed medical records, expert testimony, and a thorough understanding of both medicine and Texas law. That is exactly the kind of case Frenkel & Frenkel is built to handle.

Types of Medical Malpractice Cases We Handle in Dallas

Our Dallas medical malpractice attorneys represent clients across a wide range of cases. Some of the most common include:

Misdiagnosis and Delayed Diagnosis

A missed or delayed diagnosis can allow a serious condition to progress unchecked. When a doctor fails to identify cancer, a heart attack, a stroke, or another serious illness in time, the patient may lose treatment options that could have saved their life. If a different doctor with the same information would have reached the correct diagnosis, you may have a valid malpractice claim.

Surgical Errors

Surgical mistakes can happen before, during, or after a procedure. Common examples include operating on the wrong body part, leaving a surgical instrument inside the patient, damaging surrounding tissue or organs, or failing to monitor for post-operative complications. These errors can cause serious, lasting harm.

 

Anesthesia Errors

Anesthesiologists carry a significant responsibility. Giving too much or too little anesthesia, failing to review a patient’s medical history, or not monitoring vital signs during surgery can result in brain damage, cardiac arrest, or death. Anesthesia errors are among the most serious forms of surgical negligence.

Medication and Prescription Errors

Medication errors can occur at multiple points in the care process. A doctor may prescribe the wrong drug or the wrong dose. A pharmacist may fill a prescription incorrectly. A nurse may administer medication at the wrong time or in the wrong amount. Any of these mistakes can cause serious side effects, dangerous drug interactions, or long-term health consequences.

Birth Injuries

Negligence during pregnancy, labor, or delivery can cause life-altering injuries to both the baby and the mother. Common birth injuries linked to medical malpractice include: Cerebral palsy, Erb’s palsy, Hypoxic-ischemic encephalopathy (HIE), Brain damage from oxygen deprivation, Brachial plexus injuries, Injuries from improper use of forceps or vacuum extractors, Harm caused by failure to perform a timely C-section, Fetal distress that was not properly monitored or addressed

 

Birth injuries can require a lifetime of medical care. If your child was harmed during delivery, our Dallas birth injury attorneys can help you understand your options.

Nursing Home Neglect and Abuse

Residents of nursing homes and long-term care facilities deserve safe, attentive care. When facilities are understaffed, poorly managed, or when staff members act abusively, residents can suffer serious harm. Common nursing home injuries include: Pressure sores and bedsores, Falls and fractures, Malnutrition and dehydration, Medication errors, Physical or emotional abuse, Failure to treat existing medical conditions

 

If your loved one has been harmed in a Dallas-area nursing home, our attorneys can take immediate action to protect them and pursue accountability.

Emergency Room Errors

Emergency rooms are high-pressure environments, but that does not excuse negligence. Failure to triage properly, delayed treatment, missed diagnoses, and premature discharge are all forms of ER malpractice that can have serious consequences.

Hospital-Acquired Infections

Infections contracted during a hospital stay, including MRSA, sepsis, and surgical site infections, can sometimes be traced back to inadequate sanitation, improper wound care, or failure to follow infection control protocols. When a hospital’s negligence leads to a preventable infection, patients may have a valid claim.

Failure to Warn of Known Risks

Doctors have a duty to inform patients of the known risks of a procedure or treatment before obtaining consent. If a provider fails to disclose a material risk and you would have chosen differently had you known, this may constitute a failure of informed consent, which is a recognized form of medical malpractice in Texas.

Wrongful Death from Medical Negligence

When a loved one dies because of a healthcare provider’s negligence, surviving family members may be able to file a wrongful death claim. Compensation in these cases may include medical expenses incurred before death, funeral and burial costs, lost financial support, and damages for the grief and loss of companionship suffered by the family.

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Who Can Be Held Responsible for Medical Malpractice in Texas?

Medical malpractice is not limited to doctors. Multiple parties can be held liable depending on the circumstances of your case, including:

Our attorneys will investigate every aspect of your care to identify all responsible parties and pursue the full compensation you may be entitled to.

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What Must Be Proven in a Medical Malpractice Case in Texas?

Medical malpractice cases are not simple. To succeed, you must prove four key legal elements:

  1. Duty of Care: The healthcare provider had a professional obligation to treat you according to accepted medical standards.
  2. Breach of Duty: The provider failed to meet that standard, either by doing something they should not have done or by failing to do something they should have.
  3. Causation: The provider’s breach directly caused your injury, worsened condition, or the death of a loved one.
  4. Damages: You suffered measurable harm as a result, including physical injury, financial loss, or emotional suffering.


Texas law also requires that medical malpractice claims be supported by an expert report from a qualified healthcare professional. This report must be filed within 120 days of the defendant being served. Missing this deadline can result in your case being dismissed.

 

This is one of the many reasons why working with an experienced Dallas medical malpractice attorney from the start is so important. At Frenkel & Frenkel, we work closely with qualified medical experts to evaluate the evidence, establish the standard of care, and build a compelling case on your behalf.

What Compensation May Be Available in a Dallas Medical Malpractice Case?

If your medical malpractice claim is successful, you may be eligible to recover compensation for:

Economic Damages:

Non-Economic Damages:

Wrongful Death Damages:

It is important to know that Texas law places caps on non-economic damages in medical malpractice cases. For claims against individual healthcare providers, the cap is currently $250,000. For claims against hospitals or healthcare institutions, additional caps apply. An experienced attorney can help you understand how these limits may affect your case and how to maximize your recovery within them.

Expertise you can rely on, justice you deserve.

How Long Do You Have to File a Medical Malpractice Claim in Texas?

In Texas, the statute of limitations for medical malpractice claims is generally two years from the date the malpractice occurred, or from the date you discovered or reasonably should have discovered the injury. This deadline is set under Texas Civil Practice and Remedies Code, Chapter 74.

There are limited exceptions. For example:

Do not wait to speak with an attorney. Evidence can disappear, witnesses’ memories fade, and missing a deadline can permanently bar your right to seek compensation. Contact Frenkel & Frenkel as soon as possible to protect your rights.

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Medical Malpractice in Dallas: What You Should Know

Dallas is home to some of the largest and most well-known hospital systems in Texas, including Parkland Memorial Hospital, UT Southwestern Medical Center, Baylor Scott & White, and Methodist Health System. While these institutions provide critical care to millions of patients, size and reputation do not make any hospital immune to errors.

Dallas County sees a significant volume of medical malpractice filings each year. Texas’ tort reform laws, passed in 2003, made it harder to bring these cases, which is why having a skilled and experienced legal team on your side matters more than ever. The reforms reduced the number of malpractice lawsuits filed in Texas, but they did not eliminate the right of patients to seek justice when they are genuinely harmed.

At Frenkel & Frenkel, we understand the local legal landscape. We know the courts, we know the process, and we know how to build cases that stand up to scrutiny. If you were treated at a Dallas-area hospital, clinic, or care facility and believe something went wrong, we are here to help you find out.

Why Dallas Patients Choose Frenkel & Frenkel

Choosing the right medical malpractice attorney in Dallas can make a real difference in the outcome of your case. Here is what sets Frenkel & Frenkel apart:

Mark D. Frenkel, Scott B. Frenkel, and Gene Burkett

What Should You Do If You Suspect Medical Malpractice in Dallas?

If you believe you or a loved one was harmed by a medical error, here are the steps you should take:

  1. Seek a second medical opinion. Your health comes first. Get the care you need from a different provider.
  2. Request and preserve all medical records. Gather records from every provider involved in your care, including test results, imaging, prescriptions, and discharge summaries.
  3. Document everything. Write down what happened, when it happened, and what you were told. Keep a record of your symptoms and how they have changed.
  4. Avoid discussing the case with the original provider. Anything you say could be used to complicate your claim.
  5. Contact a Dallas medical malpractice attorney as soon as possible. Time limits apply, and early action helps preserve evidence and protect your rights.
  6. File a complaint with the Texas Medical Board if you believe a provider acted improperly. This does not replace a legal claim, but it creates an official record.

Frequently Asked Questions: Medical Malpractice in Dallas, TX

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or other medical facility, fails to meet the accepted standard of care, and that failure causes harm to a patient. You may have a case if you suffered an injury, worsened condition, or the death of a loved one as a result of a misdiagnosis, surgical error, medication error, anesthesia error, birth injury, or neglect in a nursing home or long-term care facility.

Common types of medical malpractice cases in Dallas include misdiagnosis or failure to diagnose, surgical errors, medication errors, anesthesia errors, birth injuries, hospital-acquired infections, neglect or abuse in nursing homes, failure to warn patients of known risks or complications, delays in diagnosis, and improper or absent treatment.

To succeed in a medical malpractice case in Texas, you must prove four key elements: that a duty of care was owed to you by the healthcare provider, that the provider breached that duty of care, that the breach directly caused your injury, worsened condition, or death, and that you suffered measurable damages as a result. Frenkel & Frenkel works closely with medical experts to evaluate the evidence and establish each of these elements.

Birth injuries that may give rise to a medical malpractice claim include cerebral palsy, Erb’s palsy, brain damage, and hypoxic-ischemic encephalopathy (HIE). These injuries can result from the improper use of instruments during delivery, failure to monitor fetal distress, or failure to perform a timely C-section. Because birth injuries can have lifelong consequences for both the child and the family, it is essential to work with an experienced medical malpractice attorney.

Yes. Nursing home neglect and abuse are serious forms of medical malpractice. According to the National Center on Elder Abuse, approximately 10% of nursing home residents experience some form of abuse. Common causes of nursing home injuries include neglect, medication errors, falls, failure to treat medical conditions, unethical use of restraints, and over-medication. Frenkel & Frenkel can take immediate legal action to protect your loved one and pursue compensation.

Compensation in a medical malpractice case may include medical expenses, lost wages, future lost earning capacity, pain and suffering, rehabilitation costs, and in cases of wrongful death, funeral expenses and loss of companionship. Texas law places certain caps on non-economic damages in medical malpractice cases, which is why it is important to work with an experienced attorney who understands how to maximize your recovery within those limits.

In Texas, the statute of limitations for medical malpractice claims is generally two years from the date the malpractice occurred or from the date you discovered or should have discovered the injury. Special rules may apply in cases involving minors or cases where the injury was not immediately apparent. Consulting with a medical malpractice attorney in Dallas as soon as possible is critical to protecting your rights.

Yes. Prescription dosage errors, including the wrong medication, incorrect dosage, or failure to warn of dangerous side effects, can constitute medical malpractice. Multiple parties may be responsible, including the prescribing doctor, the pharmacist, nurses, and hospital or nursing home staff. Frenkel & Frenkel has extensive experience representing victims of prescription errors and will pursue accountability from all responsible parties.

If you suspect medical malpractice, you should seek a second medical opinion to address your health concerns, document all symptoms and communications with your healthcare providers, preserve all medical records and prescriptions, and consult with a medical malpractice attorney in Dallas as soon as possible. You may also file a complaint with the Texas Medical Board if you believe a provider acted improperly.

Yes. Frenkel & Frenkel works closely with qualified medical experts to evaluate the evidence in every medical malpractice case. These experts help establish the standard of care that should have been followed, identify how that standard was breached, and explain the connection between the breach and your injuries. This expert-driven approach is essential to building a compelling and well-supported case.

Yes. If a loved one died as a result of medical negligence, you may be able to file a wrongful death claim on their behalf. Compensation in a wrongful death case may include medical expenses incurred before death, funeral and burial costs, lost income and financial support, and damages for the grief and loss of companionship suffered by surviving family members.

Frenkel & Frenkel’s founding attorneys are rated 10 (“Superb”) on Avvo and have been recognized as Best Lawyers in Dallas by D Magazine and Top Attorneys by FW Magazine. Our team brings decades of experience in complex medical malpractice litigation, works with leading medical experts, and handles every case in-house with personalized attention. We are passionate about fighting for patients who have been harmed by medical negligence and are committed to securing the justice and compensation you deserve.