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Medical Malpractice Attorneys in Austin

Understanding Medical Malpractice & Negligence

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.

Medical Malpractice Case - Surgery

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 millions and millions of dollars 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.

Pursuing the Justice You Deserve from Medical Malpractice

Medical malpractice or negligence can occur in countless ways. In general, medical malpractice occurs any time a medical practitioner or facility acts negligently, and this negligence leads to injury.

Some of the most common examples of medical malpractice include:

  • Failure to diagnose, misdiagnosis, and/or delayed diagnosis
  • Surgical errors, including surgery at the wrong site, leaving foreign objects in the body, etc.
  • Unnecessary surgery, including unnecessary C-sections
  • Medication errors, such as under/overdosing, pharmacy errors, and more
  • Anesthesia errors and/or negligent administration of anesthesia
  • Birth injuries, C-section injuries, and related errors
  • Premature discharge from a medical facility or inadequate follow-up care
  • Failure to order laboratory tests and/or misreading or ignoring test results
  • Failure to take a patient’s history into account, including medication allergies

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.

Discuss Your Options 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.

With nearly 25 years in practice, our firm has successfully recovered millions and millions of dollars 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.

Medical Malpractice
  • Texas Lawyer Austin Best of 2020: Personal Injury Firm
    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.
  • America's Top 100 Personal Injury Attorneys 2020
    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. (2017-2020)
  • Best Lawyers Best Law Firms US News 2016
    Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 7 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:
  • 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 (2017) and Randy Howry (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- 2020) and Randy Howry 2017, 2019, and 2020 for selection of this award.
  • Expertise- Best Real Estate Lawyers in Austin 2020
    Expertise - Howry Breen & Herman was recognized and featured in an article by 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 (2019) and Randy Howry (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 (2019) and Randy Howry (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, 2009 – 2020.
  • Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
  • Best Lawyers in America
    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® (2006-2020) running alongside some of the most qualified firms in the nation. More info here.
  • Texas Monthly Top Attorneys - Sean E. Breen
    Top Attorneys As Published In Texas Monthly
  • Top 50 US Verdicts All Practice Areas Texas 2017
    Sean Breen was honored by 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.
  • Multi-Million Dollar Advocates Forum
    Sean Breen is a member of the Multi-Million Dollar Advocates Forum, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts. 2011.
  • Multi Million Dollar Advocates Forum
    We are proud to have Sean Breen who is a member of the Million Dollar Advocates Forum. In order to become a member, an attorney must demonstrate that he or she has successfully achieved at least one six-figure settlement or jury verdict. 2011.
  • AV Preeminent
    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), Glen Wilkerson (2014) and Chris Lavorato (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
  • Super Lawyers
    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.
  • Top American Lawyers
    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).
Howry Breen & Herman Building

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  • "They gave me hope and then delivered!"

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  • "We were always one step ahead!"

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  • "They are true trial attorneys!"

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  • "I knew I had the very best trial attorneys I could have found."

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  • "I always felt confident in Howry Breen & Herman and knew I could trust them."

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  • "They were so fierce and tough with the other side while being so caring towards my family."

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  • "I greatly admired their advocacy and professionalism!"

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  • "It was like having true friends as my attorneys!"

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  • "Definitely recommend, they are the best."

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  • "Thank you for helping my father through his case!"

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  • "I could have not found more caring people!"

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  • "Sean and his team were the breath of fresh air that we needed. Still thanking you guys, 9 years later!"

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