What happens next
- Identify providers, facilities and dates, including subsequent care. Counsel can seek complete charts, test results, imaging and medication records.
- A qualified reviewer may assess the standard of care, what happened and how the alleged error affected the outcome.
- If the case proceeds, counsel evaluates Chapter 74 notice and authorization requirements, filing deadlines and the expert-report requirement for each defendant.
Timing and deadlines
Texas generally requires written notice with the statutory medical authorization at least 60 days before filing a health care liability suit. The expert-report deadline generally runs 120 days from each defendant’s original answer, subject to statutory adjustments or agreed extensions. Ask counsel to calculate all dates immediately.
Costs and payment
Medical records, specialist review and expert reports add costs early in the evaluation. Ask what can be assessed at intake, when an expert is needed and who pays if the review does not support filing suit.
How to prepare
- List the order of symptoms, visits, calls, procedures and follow-up appointments with dates.
- Collect discharge instructions, portal messages, imaging and records already in your possession.
- Note what the patient was able to do before treatment and what changed afterward.
Questions and answers
What if several providers took part?
Provide every name you know, including facilities and the dates each person treated you. Counsel can use the records to distinguish who made each decision and review defendant-specific deadlines.
Should I wait until the hospital answers my complaint?
Seek a deadline review while the complaint is pending. Give counsel copies of what you submitted and received. An internal hospital review and the statutory requirements for a civil claim are separate processes.
Does a bad outcome by itself show malpractice?
An expert review may be needed to identify the applicable standard of care, whether a provider departed from it and whether that departure caused the harm. Describe the specific decision or missed finding that concerns you and when you learned of it.
The portal shows only visit summaries. Which records should I identify?
List every location and relevant date, including labs and imaging facilities. Depending on the concern, operative notes, medication administration records, imaging files or test reports may be important. Ask which complete records counsel needs before paying for duplicates.
Why does the lawyer ask about expert costs before accepting my case?
Texas health-care liability cases can require a qualified expert report early in litigation. Ask which specialty is needed, who will review the records and how fees for initial review differ from testimony or trial preparation.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.