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Dallas Medical Malpractice Attorneys

In Dallas

When you seek medical care, you trust doctors, nurses, surgeons, and hospitals to provide safe and competent treatment. When that trust is broken by a preventable medical error, the consequences can be devastating. A delayed diagnosis may allow a serious condition to worsen. A surgical mistake can lead to additional procedures and permanent complications. A medication error can cause life-threatening injuries. If you or a loved one was harmed by a healthcare provider in Dallas, you may have the right to seek compensation under Texas medical malpractice law.

Medical malpractice cases are among the most complex personal injury claims. They require a detailed review of medical records, testimony from qualified experts, and compliance with strict Texas legal requirements. Hospitals, physicians, and their insurance companies often have substantial resources dedicated to defending these claims. Acting quickly is important because critical deadlines can affect your ability to pursue compensation.

At Frenkel & Frenkel, our Dallas medical malpractice lawyers have spent decades helping patients and families hold negligent healthcare providers accountable. We work with respected medical experts, thoroughly investigate what went wrong, and fight for the compensation our clients deserve. We prepare every case as if it will go to trial because meaningful results often require a law firm that is willing to stand up to hospitals and insurance companies in court.

We offer free consultations and handle medical malpractice cases on a contingency fee basis. You pay nothing unless we recover compensation for you.

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30+

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KEY TAKEAWAYS

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What Does a Dallas Medical Malpractice Attorney Do?

If a doctor, hospital, or other care provider in Dallas hurt you, a medical attorney can review your case. We can protect evidence. We can find a doctor expert. We can handle court filings and deadlines. We can seek payment for medical bills, lost income, pain and suffering, and future losses. Texas law is complex. It has notice rules, expert report rules, and damage caps. An experienced attorney helps you avoid costly mistakes while you focus on healing. Frenkel & Frenkel offers a free consultation and works on a no fee unless we recover basis.

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What Happens If My Doctor Says the Outcome Was Just a Risk of the Procedure?

A bad result may be a known risk you accepted before treatment. That does not end every claim. Even if you signed an informed consent form, a provider can still be liable if the procedure was done below the standard of care, if a material risk was not explained, or if the wrong procedure was done.

How Long Does a Medical Malpractice Case Take in Texas?

These cases in Texas usually take longer than most personal injury cases. Based on historical data from the Texas Department of Insurance and other sources, claims are often filed 15 to 18 months after the injury. Resolution can take another 26 to 29 months on average. Some cases settle sooner. Others go to trial.
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How Do You Prove Medical Malpractice in Texas?

To prove a Texas claim, you must show four things: a doctor-patient relationship, a break in the standard of care, a link between that break and your injury, and real harm.

A bad result alone does not prove malpractice. Medicine is not perfect. Some patients have poor outcomes even with good care. In Texas, a doctor expert report usually shows whether the doctor or hospital fell below the accepted standard.

WHEN BIG RIGS CAUSE BIG HARM WE TAKE ACTION.

If a doctor, hospital, or healthcare provider injured you through negligence, we are ready to listen. Contact us today for a free case review.

What You Need to Know About Medical Malpractice Claims in Texas

The Standard of Care

Every Texas doctor, nurse, and hospital is held to a standard of care. That standard asks what a careful provider with similar training would have done in the same or a similar case. If the provider falls below that standard and a patient is hurt, a malpractice claim may exist.

The Expert Report Requirement

The expert report rule is one of the hardest parts of a Texas claim. Under Section 74.351, no later than 120 days after each defendant files an answer, you must serve a written report from a medical expert. The report must explain the standard of care. It must also explain how the defendant broke it and how that break caused your injury. If an adequate report is not served on time, the court must dismiss the case with prejudice.

The 60-Day Pre-Suit Notice Requirement

Before you file a lawsuit in Texas, you must send written notice to every doctor or hospital you plan to sue. The notice must go by certified mail at least 60 days before suit is filed. You must also include a medical permission form. Under Texas Civil Practice and Remedies Code Section 74.051, proper notice also pauses the two-year deadline for 75 days.

The Statute of Limitations

In Texas, you usually have two years to file a lawsuit. The clock usually starts on the date of the negligence or the date the treatment ended. Texas does not often use a discovery rule in these cases. There are limited exceptions. If the injured person was under 12, the deadline extends to the child’s 14th birthday. Claims involving a foreign object left inside the body after surgery may also follow different timelines. Texas also has a strict 10-year statute of repose.

Damage Caps in Texas Medical Malpractice Cases

Texas limits pain and suffering damages in these cases. These damages cover pain and suffering, mental anguish, physical harm, and loss of companionship. Under a 2003 Texas law change, pain and suffering damages are capped at $250,000 per doctor or individual provider and $250,000 per hospital, up to a total of $500,000 from multiple hospitals.


Money losses are not capped. These include past and future medical expenses, lost wages, and loss of earning power. If you need ongoing care, future surgery, or long-term rehab, those losses may be recovered in full. In wrongful death cases, a separate inflation-adjusted cap may also apply. As of 2025 and 2026, it can exceed two million dollars.

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Common Questions About Medical Malpractice Claims

What if I Signed a Consent Form Before My Procedure?

Signing a consent form does not automatically end your claim. Consent forms cannot protect doctors or hospitals from negligence. If the medical provider failed to meet the standard of care, disclosed incorrect information, or made an error that a reasonable provider would not make, you may still have a valid malpractice claim.

Do I Need an Expert Witness for My Medical Malpractice Case?

Yes, in most cases. Texas law requires a qualified medical expert to review your case and certify that the standard of care was breached. This expert must practice in the same or similar specialty as the defendant. Our firm works with top medical experts who can evaluate your case and provide the necessary testimony.

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Gene Burkett

“I was drawn to the law because it offered an opportunity to help people in their time of need. I’ve always been competitive by nature. Practicing law allows me to compete daily against large insurance companies and opposing counsel. The longevity of our partnership more than 30 years now has led to a trial team that knows how to win.” Read Bio and Credentials
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Scott Frenkel

“I love helping people. I usually see them at their worst when they’ve suffered a catastrophic injury or lost a loved one from a vehicle collision, dangerous premises, defective prescription drugs, or medical errors. They need someone who truly cares to help them. I’m honored to do that work.” Read Bio and Credentials
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Mark D. Frenkel

“The heart of our practice is that juries can help those who have been injured. The right to plead your case before a jury is one of our inalienable rights in this country. When careless and irresponsible companies put profits over people, juries must hold them responsible.” Read Bio and Credentials
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Aaron Spahr

Aaron Spahr brings a rare breadth of experience and legal excellence to every case he takes on. With a passion for justice, Aaron has successfully litigated complex cases involving motor vehicle collisions, premises liability, and more. His commitment to serving the injured stems from a desire to provide a voice to those in need, ensuring our clients receive the support and representation they deserve. Read Bio and Credentials
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Carlos A. Fernandez

Dallas Personal Injury Attorney Carlos A. Fernandez is driven by a strong sense of duty to family and community. Raised by Cuban immigrants, his determination to make a difference led him to law. Fluent in Spanish, Carlos joined Frenkel & Frenkel in 2015, bringing a wealth of litigation experience. His commitment extends beyond law; he passionately supports organizations like Habitat for Humanity and Autism Speaks. As an Articles Editor for the Southern Methodist University International Law Review, Carlos is known for upholding the highest standards of legal excellence. Read Bio and Credentials
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Shawn Thompson

Shawn Thompson is known for his exceptional legal insight and unwavering client commitment. With a formidable background in the legal arena, Shawn works long hours to ensure his clients are treated fairly. At Frenkel & Frenkel, Shawn channels his wealth of experience and unyielding dedication to providing aggressive representation and unwavering support to every client. His client-first, responsive approach reflects the firm’s reputation for excellence in client care. Read Bio and Credentials
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Brett Baker

Brett Baker is a highly-skilled attorney at Frenkel & Frenkel who offers top-tier legal expertise and an unwavering commitment to serving his clients with compassionate care. With a passion for justice, Brett tirelessly pursues maximum compensation for the injured. He represents individuals in various legal matters, standing by his clients with dedication and integrity. Brett’s relentless advocacy and commitment to justice set a standard of excellence in the legal community in Dallas. Read Bio and Credentials
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Joshua Cohen

Joshua Cohen brings impressive legal skills to every case he takes on at Frenkel & Frenkel. He is unwavering in his pursuit of full compensation for the people he serves. With focused dedication, he fiercely advocates for justice in negotiating a settlement or in court. In representing the injured, he delivers compassionate support at every phase of the legal journey. Read Bio and Credentials
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Jason Boorstein

Jason Boorstein is a talented and experienced attorney at Frenkel & Frenkel, known for his unrelenting approach to pursuing justice for clients. With a passion for fighting on behalf of the injured, Jason brings relentless determination to every case. Specializing in personal injury law, he is fearless and focused, ensuring his clients have the vigorous representation they deserve to achieve optimal outcomes. Read Bio and Credentials
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Dave Adest

Dave Adest, an experienced attorney at Frenkel & Frenkel, brings exceptional legal skills and a record of impressive success to the firm. Specializing in personal injury matters, including motor vehicle collisions and premises liability cases, he is relentlessly determined to pursue justice and full compensation. He fiercely advocates for our clients with compassionate, focused representation. Read Bio and Credentials
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Do I Have a Medical Malpractice Case?

Not every bad medical result is malpractice. You may have a case if your diagnosis was delayed or missed. You may also have a case if a surgery caused unexpected harm because of an error, if you were given the wrong medicine or dose, if your aftercare was mishandled, or if a birth injury happened during labor or delivery. The best way to know is to speak with an attorney who can review your records and connect you with a medical expert. At Frenkel & Frenkel, that first consultation is free.

Why Choose Frenkel & Frenkel?

Decades of Combined Legal Experience

Our attorneys have spent decades fighting for patients harmed by medical negligence. We have the experience, knowledge, and resources to take on even the most complex medical malpractice cases against hospitals, healthcare providers, physicians, and other responsible parties.

We Know How the Other Side Thinks

Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured people like you. We know the tactics companies use, and we know how to counter them.

A Track Record That Speaks for Itself

We have recovered over $1 Billion in settlements and verdicts for our clients. For 16 straight years, our attorneys have been named among the Best Lawyers in Dallas.

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Firm-Wide Results

$12 MILLION

Settlement - Catastrophic Injury Case

$4.5 MILLION

Verdict - Commercial Vehicle Collision

$35.5 Million

Settlement - Trucking Accident Case

$18 Million

Settlement - Serious Motor Vehicle Wreck

Texas Medical Malpractice: Statistics Worth Knowing

Understanding the scale and patterns of medical malpractice in Texas can help put your situation in context.

Doctors and surgeons are the most often named defendants in Texas claims. They make up about 68% of providers involved in paid claims.
Texas caps on pain and suffering damages have stayed the same since 2003 and are not adjusted for inflation.
Diagnostic errors, including misdiagnosis and delayed diagnosis, are a leading cause of patient harm in Texas.
The Texas Department of State Health Services requires hospitals and ambulatory surgery centers to report certain Preventable Adverse Events.

Common Causes of Medical Malpractice

Types of Medical Malpractice Cases We Handle

Misdiagnosis and delayed diagnosis of cancer, stroke, heart attack, infections, and other serious conditions.

Surgical malpractice, including wrong-site surgery, retained foreign objects, and preventable surgical complications.

Emergency room errors, including failure to diagnose life-threatening conditions or improper discharge.

Medication errors, including prescribing errors, pharmacy errors, and mistakes in dosage administration.

Anesthesia malpractice during surgery or other procedures.

Birth injuries affecting newborns, including brain injuries, cerebral palsy, Erb's palsy, and hypoxic-ischemic encephalopathy.

Maternal injuries during labor and delivery, including preventable hemorrhage, infection, or surgical complications.

Hospital negligence, including understaffing, poor supervision, failure to follow protocols, and hospital-acquired infections.

Nursing home and long-term care negligence, including pressure sores, falls, and medication mismanagement.

Radiology and pathology errors, including misread imaging results or laboratory specimen errors.

Failure to refer or failure to order needed testing when a condition required specialist review.

Cosmetic and elective procedure errors resulting in permanent injury or disfigurement.

Frequently Asked Questions

Frenkel & Frenkel handles these cases on a contingency fee basis. You pay nothing up front. You owe no attorney fee unless we recover money for you. We also offer a free initial consultation.

In most cases, you have two years from the date of the negligent act or the end of the related treatment to file a lawsuit in Texas. For children under 12 at the time of the injury, the deadline extends to the child's 14th birthday. Texas also has a 10-year statute of repose.

Depending on the facts, you may be able to recover money losses such as past and future medical expenses, lost wages, loss of future earning power, and costs for rehab or long-term care. You may also be able to recover pain and suffering damages for pain and suffering, mental anguish, physical harm, and loss of companionship. Texas caps pain and suffering damages at $250,000 per doctor and $250,000 per hospital. Money losses are not capped.

No. If you give a recorded statement or accept a settlement before speaking with your own attorney, you could reduce or lose your recovery. Before you speak with any insurance representative, talk with a medical malpractice attorney.

These cases in Texas are much more complex than standard personal injury claims. They involve special rules, including 60-day pre-suit notice, an expert report that must be filed within 120 days of the defendant's answer, and strict caps on pain and suffering damages. They also require medical knowledge to evaluate and prove.

If you or a loved one had an unexpected outcome, a worse condition, a new injury after a procedure, or any situation that did not feel right, you should speak with an attorney. At Frenkel & Frenkel, we will review what happened, explain whether the standard of care may have been broken, and tell you your options honestly.

Yes. Surviving family members may be able to bring a wrongful death claim and, in some cases, a survival action for the estate. Wrongful death damages can include the loss of financial support, loss of companionship, and the family's mental anguish. A separate inflation-adjusted cap may apply to wrongful death pain and suffering damages, which as of 2025 and 2026 can exceed two million dollars.