Medical malpractice and personal injury are two different legal practice areas in Texas, governed by different rules. Harper Law Firm handles personal injury cases — car accidents, truck accidents, slip and fall, dog bites, work injuries, product liability, and similar negligence claims. We do not handle medical malpractice cases. This article explains the difference so you can find the right attorney for your situation.
If you’ve been injured in Texas and you’re researching attorneys, you may have come across both “personal injury lawyer” and “medical malpractice lawyer” listings. The terms sound similar, but they describe different legal practice areas with different rules, different procedural requirements, and different attorney specializations.
Choosing the right type of attorney for your specific situation is one of the most important decisions you’ll make during your case. This article explains the key differences so you can navigate that choice with confidence.
A note about Harper Law Firm specifically: We are a Texas personal injury trial firm. We handle car accidents, truck accidents, slip and fall cases, dog bites, workplace injuries, product liability, and similar personal injury matters. We do not handle medical malpractice cases. If your case involves healthcare provider negligence, we’ll explain below how to find an attorney who does.
Personal Injury Law in Texas
Personal injury is a broad legal category covering negligence cases that aren’t medical malpractice. The most common types include:
- Motor vehicle accidents — car accidents, 18-wheeler and commercial truck crashes, motorcycle accidents, pedestrian and bicycle accidents
- Premises liability — slip and fall accidents, inadequate security, dog bites, Airbnb and short-term rental injuries
- Workplace injuries — construction accidents, oilfield injuries, and other work-related injuries, particularly involving non-subscriber employers
- Product liability — defective products that cause injury, including defective vehicles, machinery, and consumer goods
- Wrongful death — fatal accidents caused by another party’s negligence
What Personal Injury Cases Have in Common
All Texas personal injury cases share certain legal characteristics:
- Two-year statute of limitations in most cases, under Texas Civil Practice and Remedies Code § 16.003
- Modified comparative negligence: you can recover damages as long as you were not more than 50% at fault. Your compensation is reduced by your percentage of fault.
- No statutory caps on economic damages like medical bills and lost wages
- No statutory caps on non-economic damages like pain and suffering in most personal injury cases
- Contingency fee representation is standard — most personal injury attorneys charge nothing upfront and collect fees only from any recovery
Medical Malpractice Law in Texas
Medical malpractice is a separate legal practice area covering negligence by healthcare providers — physicians, hospitals, nurses, pharmacists, and other medical professionals. Common medical malpractice scenarios include:
- Surgical errors and complications
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Medication errors
- Anesthesia errors
- Hospital-acquired infections caused by negligent care
- Failure to obtain informed consent
Why Medical Malpractice is Different
Texas medical malpractice cases are governed by Chapter 74 of the Texas Civil Practice and Remedies Code, which imposes specialized requirements that don’t apply to personal injury cases:
- 60-day pre-suit notice must be sent to healthcare providers before filing
- Expert medical reports must be served within 180 days of filing the lawsuit, identifying the standard of care violations
- Damage caps on non-economic damages: $250,000 per healthcare institution and $250,000 per physician (with maximum aggregate limits depending on case structure)
- Stricter statute of limitations: two years from the negligent act or treatment, with a 10-year statute of repose
- Specialized expert witness requirements that almost always require board-certified physicians in the relevant medical specialty
These requirements make medical malpractice litigation significantly more complex, expensive, and procedurally strict than personal injury work. Most attorneys who handle medical malpractice cases focus on that practice exclusively.
Cases That Sometimes Look Like Both
Some situations involve elements of both personal injury and medical malpractice. Examples:
- A car accident victim receives delayed or inadequate emergency room treatment. The accident itself is a personal injury matter. The treatment delay may be a separate medical malpractice matter.
- A workplace injury is misdiagnosed by a company doctor. The original injury falls under workplace injury law. The diagnostic error may be a medical malpractice claim.
- A defective medical device causes injury. This is typically a product liability case (against the manufacturer), not medical malpractice (against the healthcare provider).
If your situation has elements of both, you may need consultations with attorneys in both practice areas. Some firms handle both; many specialize in one.
How to Find the Right Attorney for Your Case
If Your Case is Personal Injury
If your injury was caused by a car accident, truck crash, slip and fall, dog bite, defective product, workplace incident, or similar non-medical negligence, Harper Law Firm can likely help you. Contact us for a free consultation, or call 210-780-3881. We handle these cases on contingency — you pay nothing unless we recover compensation for you.
If Your Case is Medical Malpractice
If your case involves negligence by a healthcare provider — a physician, hospital, nurse, pharmacist, or similar — Harper Law Firm does not handle medical malpractice cases. You’ll need an attorney who specializes in this area.
Reputable resources for finding a Texas medical malpractice attorney include:
- State Bar of Texas Lawyer Referral and Information Service — free attorney referrals based on practice area and location, operated by the State Bar of Texas
- Texas Bar Find a Lawyer directory — searchable directory of all licensed Texas attorneys, filterable by practice area
- Local county bar associations in your area, many of which operate their own referral services
When evaluating any medical malpractice attorney, look for:
- Specific experience handling cases similar to yours
- Established working relationships with medical experts in the relevant specialty
- Familiarity with Texas Chapter 74 procedural requirements
- Resources to invest in expert witness fees, which can be substantial in medical malpractice cases
If You’re Not Sure Which Type of Case You Have
If you’re uncertain whether your situation is personal injury or medical malpractice, contact Harper Law Firm. We’ll review the basic facts at no charge and either explain how we can help (if it’s personal injury) or point you toward appropriate resources (if it’s medical malpractice). Either way, you’ll get an honest assessment of your situation.
Does Harper Law Firm handle medical malpractice cases?
No. Harper Law Firm focuses on Texas personal injury cases including car accidents, truck accidents, slip and fall, dog bites, workplace injuries, product liability, and similar negligence claims. For medical malpractice cases, we recommend the State Bar of Texas Lawyer Referral Service or a firm that specializes in medical malpractice litigation.
How can I tell if my case is personal injury or medical malpractice?
Generally: if your injury was caused by a healthcare provider’s actions during medical treatment, it’s likely medical malpractice. If your injury was caused by a non-medical event (a car accident, slip and fall, defective product, etc.), it’s likely personal injury. If both factors are involved, consult attorneys in both practice areas.
Are damage caps the same for personal injury and medical malpractice in Texas?
No. Most Texas personal injury cases have no statutory caps on damages. Medical malpractice cases have non-economic damage caps of $250,000 per healthcare institution and $250,000 per physician, set by Texas Chapter 74. Economic damages (medical bills, lost wages) are not capped in either practice area.
How long do I have to file my case in Texas?
Most personal injury cases must be filed within two years of the injury under Texas Civil Practice and Remedies Code § 16.003. Medical malpractice cases generally follow a two-year statute of limitations from the negligent act, with a 10-year statute of repose. Both deadlines have exceptions, and other rules may apply to minors and certain types of cases. Don’t wait — consult an attorney as soon as possible.
What does it cost to consult an attorney about my case?
Initial consultations with Harper Law Firm are free and carry no obligation. Most reputable Texas personal injury and medical malpractice attorneys offer free initial consultations as a standard practice.
Take the Next Step
If your case is a personal injury matter — a car accident, truck crash, slip and fall, dog bite, workplace injury, defective product, or similar — Harper Law Firm is here to help.
Texas’s two-year statute of limitations is strict. Evidence disappears, witnesses become harder to find, and your right to recover compensation can be lost permanently if deadlines are missed. Call 210-780-3881 for a free consultation, available 24/7.
No fee unless we win. Se habla español.