Being misdiagnosed by a doctor can turn your world upside down. It can mean wasted time, wrong treatments, more medical bills, and conditions getting worse instead of better. If this has happened to you, you may be asking: Can I sue for misdiagnosis in Texas?
The short answer is yes—but only if the misdiagnosis happened because of negligence and caused real harm. Let’s walk through what that means, how these cases work, what steps you should take if you’re in this situation, and how long you have to sue for misdiagnosis in Texas.
What Counts as a Misdiagnosis?
A misdiagnosis happens when a doctor either mistakes your condition for something else, misses it entirely, or delays giving you the right diagnosis until it’s too late. Think of a heart attack called “indigestion,” cancer mistaken for something minor, or asthma written off as bronchitis.
These mistakes aren’t rare. Studies show around 1 in 20 adults in the U.S. are misdiagnosed each year. And the impact can be serious, leading to delayed treatment, unnecessary procedures, or worse outcomes for patients.
What You Have to Prove
Not every wrong diagnosis is malpractice. To win a case, four things must be shown:
Duty
The doctor had a responsibility to care for you. (You were the doctor’s patient, so they had a responsibility to treat you.)
Breach
They failed to meet the standard of care a competent doctor would provide—like not ordering the right tests or ignoring clear symptoms.
Causation
Their mistake directly caused harm or made things worse.
Damages
You suffered actual losses, like higher medical bills, missed work, or pain and suffering.
If a doctor followed proper procedures but your condition was unusually hard to catch, it may not qualify as malpractice. But if they skipped basic tests, ignored clear symptoms, or dismissed your concerns, that’s when you likely have a case.
How a Misdiagnosis Affects Patients
The consequences can be life-changing. Some people go through treatments they never needed, with all the side effects that come with them. Others lose critical time to fight an illness that could have been treated earlier. In the most severe cases, a misdiagnosis can lead to permanent harm or even wrongful death.
This is why gathering medical records, test results, and a timeline of your symptoms early on is so important. These details often form the foundation of a strong case.
What Compensation Is Possible?
In Texas, you can pursue two main types of damages:
Economic damages
Medical costs (past and future), lost wages, and reduced earning ability. There’s no cap on these, so we fight to account for every penny.
Non-economic damages
Pain, suffering, and reduced quality of life. These are capped at $250,000 per provider, up to $500,000 total for multiple institutions.
In rare cases of extreme negligence, punitive damages may also be awarded to punish the provider and deter similar behavior.
How Long Do You Have to Sue for Misdiagnosis?
The clock starts ticking quickly. In Texas, you generally have two years from the date of the misdiagnosis or when you discovered it. There’s also a strict 10-year cutoff in most cases.
For children, the law is a little different: if the child was under 12 at the time, parents can file a claim until the child’s 14th birthday.
Before filing, you must also send the provider a 60-day notice and submit an expert report within 120 days of filing. Missing these deadlines can end your case before it even begins.
Why a Lawyer Matters
Medical malpractice cases are some of the toughest in Texas law. They require expert witnesses, strong evidence, and persistence. At Toscano Law Firm, we’ve been advocating for injured Texans for over 23 years. We know how to hold negligent doctors accountable and fight for every dollar our clients are entitled to.
We also work on a no win, no fee basis. That means you don’t pay unless we win.
What to Do if You Suspect Misdiagnosis
Here’s a simple roadmap:
- Get a second opinion – Don’t wait if you still feel something’s wrong.
- Save your records – Keep test results, visit notes, and medical bills.
- Call us as soon as possible – You can reach me directly at 210-464-5454 or our office at 210-951-0696.
We’re based in San Antonio and serve clients throughout South Texas, including Austin, Houston, and Laredo. If a misdiagnosis has affected your life, don’t go through it alone. Call us for a free consultation, and let’s work together to make things right.
