Doctors, nurses, hospitals, and other healthcare professionals and facilities have a duty to provide a reasonable standard of care to patients. When medical practitioners breach this duty, the consequences are typically very serious. Not only can victims suffer serious bodily injury, they often suffer the emotional distress that accompanies this violation of trust as well.
If you were injured as a result of medical malpractice or your loved one was killed due to medical negligence, you are entitled to take legal action. At Howry Breen & Herman, we have nearly 25 years of experience handling all types of complex medical malpractice claims. Our team utilizes an in-depth knowledge of the law, as well as extensive trial experience to aggressively advocate for you. We have handled thousands of cases and secured full and fair results for our clients.
Call (512) 430-4844 or fill out an online contact form to request a complimentary case evaluation with one of our medical malpractice attorneys in Austin.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the appropriate standard of care, resulting in harm or injury to a patient. To be considered malpractice, the error must be a deviation from the accepted norms of medical practice and directly cause harm to the patient.
Common types of medical malpractice cases include:
Misdiagnosis or Delayed Diagnosis: A failure to correctly diagnose a medical condition or a significant delay in diagnosis can lead to improper treatment or lack of necessary treatment, worsening a patient’s condition.
Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing damage to nearby organs, fall under surgical errors.
Medication Errors: This includes prescribing the wrong medication, improper dosage, or administering medication in a way that harms the patient.
Birth Injuries: Negligence during pregnancy, labor, or delivery that results in injury to the mother or baby. Common examples include failure to monitor fetal distress or mishandling of delivery tools.
Anesthesia Errors: Errors in administering anesthesia can lead to serious complications such as brain damage, nerve injury, or even death if the patient is not properly monitored.
Failure to Treat: When a doctor correctly diagnoses a condition but fails to provide adequate or timely treatment, this can be considered medical malpractice.
Hospital Negligence: This includes poor facility hygiene, understaffing, or failing to follow safety protocols, leading to infections or other harm to patients.
Emergency Room Errors: Mistakes made in the fast-paced environment of an emergency room, such as misdiagnosing critical conditions (e.g., heart attacks or strokes), delayed treatment, or improper triage, can lead to serious harm.
Hospital-Acquired Infections (HAIs): Patients may develop infections due to poor hygiene, unsanitary conditions, or negligence in post-surgical care. This type of malpractice includes cases like MRSA infections contracted while in the hospital.
Radiology Errors: Misreading or failing to properly interpret X-rays, CT scans, MRIs, or other diagnostic imaging can lead to incorrect treatment plans, delayed diagnoses, or overlooked injuries and conditions.
Errors in Lab Testing: Mistakes in performing or interpreting lab tests (blood work, biopsies, etc.) can lead to incorrect diagnoses and improper treatment plans.
Failure to Monitor During Surgery or Recovery: If a patient is not properly monitored during surgery or post-operative recovery, serious complications like infections, internal bleeding, or adverse reactions can go unnoticed.
This list is not exhaustive; there are many other instances of medical negligence that can result in severe injury and/or death. If you believe you were harmed or your loved one was killed as a result of medical malpractice, reach out to an experienced medical malpractice lawyer in Austin as soon as possible.
How to File a Medical Malpractice Lawsuit in Texas
The state of Texas has a two-year statute of limitations on medical malpractice claims, as well as a 10-year statute of repose. In order to pursue a medical malpractice claim, therefore, you must take action within two years of the date of the injury or the date the injury was discovered. If you were injured as a result of medical negligence more than 10 years ago—even if you have only recently discovered the injury—you will likely not be able to take legal action. However, every situation is unique, and it is always to your benefit to speak with an attorney about your options.
In order to file a medical malpractice claim, you will have to prove the following:
A medical professional or facility violated the accepted standard of care
This violation led to your injuries or the death of your family member
The injuries/death would not have occurred had the negligence not occurred
You suffered considerable damages as a result of your injuries/your loved one’s death
It is also important to note that Texas has a cap on non-economic damages or damages that cannot be measured in terms of a specific dollar amount, such as pain and suffering, emotional distress, etc.
Understanding Medical Malpractice Investigations and Evidence
If you are considering working with a malpractice lawyer Austin families trust, it’s essential to understand how medical malpractice investigations unfold. Gathering strong evidence is often one of the most crucial stages in any claim because the burden to prove negligence or error lies with the patient. A thorough investigation may involve obtaining your full medical records, consulting independent doctors to review the care you received, and interviewing witnesses such as nurses or support staff who were present during your treatment.
In many cases, a physician malpractice lawyer will coordinate with qualified medical professionals to review your case for breaches in accepted standards of care. This process can also include assessing hospital policies for compliance within institutions like Ascension Seton Medical Center or St. David’s HealthCare in Austin, as many malpractice claims are linked to failures in communication, record-keeping, or hospital operating procedures. The collected evidence will help establish whether the error was preventable, what damages occurred as a result, and how Texas medical malpractice laws and local court rulings might influence the timeline or outcomes for your case.
Complete medical records: Your attorney will request all relevant documents from doctors, hospitals, and any specialists involved in your care.
Expert medical opinions: Independent professionals can provide testimony on the standard of care expected and whether errors occurred.
Hospital policies and protocols: These are reviewed for compliance and to determine if staff actions followed required guidelines, especially in medical injury attorney cases.
Witness interviews: Statements from hospital staff, family, or anyone present can clarify what happened before, during, and after the alleged negligence.
Diagnostic imaging and test results: X-rays, MRIs, lab reports, and similar documents may be analyzed for missed or mishandled diagnoses and treatments.
A comprehensive investigation, combined with rigorous documentation, helps build the strongest possible claim before the courts in Austin and strengthens your position should your claim proceed to trial or settlement negotiations. Having lawyers who understand local laws and courtroom expectations can make a significant difference in the outcome of your case.
Discuss Your Legal Options in Austin with Our Team Today
Our firm can help you navigate the complex process of filing a medical malpractice claim. We understand just how devastating it is to find that your trust in a doctor or hospital has been violated. This, coupled with the need for more medical treatment and the financial consequences of having to take time off work to obtain this treatment can be overwhelming. By placing our dedicated and experienced team on your side, you can have the peace of mind of knowing our attorneys are fighting for you. We can handle every aspect of your case so that you can focus on healing.
A medical negligence attorney Austin residents trust must be well-versed in the procedures and rules specific to Texas courts, including mandates like the pre-suit notice and expert report requirements set by Texas law. Our familiarity with the Travis County Civil and Family Courts and our frequent representation of clients before local judges allows us to provide strategic guidance and informed representation tailored to the Austin area. If your situation involves a hospital or medical provider in or around Austin, it is essential to work with lawyers who know the local legal landscape, helping to anticipate procedural nuances that might arise in your claim.
If you are searching for a medical injury lawyer Austin families rely on, our attorneys at Howry, Breen & Herman, LLP can assist with detailed case evaluations and steadfast support throughout the litigation process. Our team will explain your rights, evaluate potential damages in your case, and address questions about how the state's damage caps or special filing requirements might impact your lawsuit. We can also help you gather necessary documentation, obtain medical records, and coordinate expert medical testimony, which is often required in physician malpractice or doctor malpractice attorney cases. You will find personal support within our firm, aimed at making your experience as clear and manageable as possible during a challenging time.
When you work with our Austin team, you benefit from the following advantages:
Personalized guidance: Every case receives one-on-one attention and clear communication from our team so that you always know where your claim stands.
Thorough knowledge of local procedures: We regularly represent clients in Travis County Civil and Family Courts and understand procedures that may be unique to medical malpractice or negligence cases in Austin.
Support for clients throughout Austin: From obtaining important medical records to assisting with court filings, our attorneys offer comprehensive service to those affected by medical negligence in the region.
Preparation for every case: We commit to preparing every case with the detail and focus necessary to take it to court if a fair settlement cannot be reached.
Professional, compassionate counsel: We treat each client with respect and compassion, diligently working to help you move forward after an incident.
With nearly 25 years in practice, our firm has successfully recovered full and fair results for our clients. We are not content to settle for the first, low offer from the liable party; instead, we are prepared to take your case to trial in order to recover the full and fair compensation you are owed. Throughout the process, we can act as your guide and advocate every step of the way.
Get in touch with our Austin medical malpractice lawyers today by calling (512) 430-4844. We also serve clients in Georgetown and the surrounding areas.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.