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Malpractice Center

Best Medical Malpractice Lawyers in Austin, TX (2026)

To compare Austin-area malpractice firms for this evidence-based 2026 list, we looked at their cases and published results, then considered what clients report and the professional recognition each firm lists.

Sources checked

5 lawyers and firms

Skyline of Austin, Texas
Photo: Quintin Soloviev, CC BY 4.0, via Wikimedia Commons

The short answer

Hastings Law Firm takes the lead here because it focuses on malpractice and publishes results for diagnosis and prescribing cases, with birth injuries also represented. You'll find its office outside Austin. Before calling, consider asking where you'd meet and which lawyer takes claims involving care like yours. Ask what you'd pay in fees and case costs, too. The Texas malpractice guide covers when you must file and the expert report you'll need.

At a glance

  1. 1Hastings Law FirmFree consultation4.5 out of 5
  2. 2Winckler, Harvey & McConnell, LLPFree consultation4.4 out of 5
  3. 3Wayne WrightFree consultation4.7 out of 5
  4. 4Archuleta Law FirmFree consultation4.2 out of 5
  5. 5Treviño LawFree consultation5.0 out of 5

Best Medical Malpractice Lawyers in Austin

  1. Open spot. Feature your firm in AustinFor lawyers
  2. Hastings Law Firm logo1

    Hastings Law Firm

    4.5142 Google reviewsRated 4.5 out of 5 on Google from 142 reviews

    Best for: Diagnosis and birth injury claims

    Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because the firm focuses on malpractice, that weighs heavily here, alongside the surgical-error and birth-injury settlements it publishes. The firm's founder is Tommy Hastings, who started it in 2005.

    How they were picked

    Stood out in our review for how much of its work is medical malpractice and the results it publishes.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  3. 2

    Winckler, Harvey & McConnell, LLP

    4.482 Google reviewsRated 4.4 out of 5 on Google from 82 reviews

    Best for: Birth injuries and hospital negligence

    In a twin-delivery case described by Winckler, Harvey & McConnell, LLP, both babies suffered brain damage after a complicated delivery without a cesarean section. The firm also describes cases where imaging was delayed or a doctor wasn't told about a complication after surgery. If families want to discuss those cases, they can ask the firm directly, since the descriptions leave out the amounts recovered.

    How they were picked

    Stood out in our review for the recognition it has earned and what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  4. Wayne Wright logo3

    Wayne Wright

    4.7786 Google reviewsRated 4.7 out of 5 on Google from 786 reviews

    Best for: Families prioritizing communication

    Wayne Wright's 786 Google reviews give you plenty of client accounts to read, and its rating is 4.7. Clients repeatedly say the firm answered their questions and kept them up to date. Those answers can help when you're puzzling over your medical records.

    How they were picked

    Stood out in our review for its years of experience and the recognition it has earned.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  5. Not sure who to call first?

    Tell us what happened. A malpractice lawyer who serves Austin can look at it with you, and it costs nothing.

  6. 4

    Archuleta Law Firm

    4.2122 Google reviewsRated 4.2 out of 5 on Google from 122 reviews

    Best for: VA and military malpractice concerns

    If your concern involves VA or military medical malpractice, Archuleta Law Firm lists that work among its cases, unlike the other firms on this page. The firm's site calls its attorney, Dr. Michael Archuleta, a doctor-lawyer. You can read about birth injury on the site, along with diagnosis errors and surgical injuries handled by its Austin office.

    How they were picked

    Stood out in our review for how much of its work is medical malpractice.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  7. Treviño Law logo5

    Treviño Law

    5.0385 Google reviewsRated 5.0 out of 5 on Google from 385 reviews

    Best for: Clients valuing positive service feedback

    Client feedback is Treviño Law's strongest signal on this list. Its Google profile has a 5.0 rating across 385 reviews, with comments emphasizing helpful service and recommendations. Those comments give you a starting point for discussing client care; they don't establish a medical malpractice record.

    How they were picked

    Stood out in our review for the recognition it has earned and what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

Where they are in Austin

What clients say about these Austin lawyers

Google reviews of the firms on our lists, quoted as their clients wrote them and linked to where they were posted. We don't write, edit or pick reviews for pay.

  • James L.

    October 2026 · Austin, Texas

    “FVF is what you should look for in a law firm. They bring talent, experience and a track record of wins but are incredibly human. Mark in particular.... he never stopped fighting for us and never encouraged us to do anything other than what we felt was right. It was the best possible experience we could have hoped for.”

    About FVF LawGoogle reviewRead it on Google
  • Janet H.

    June 2025 · Austin, Texas

    “Sean McConnell was very professional and always kept in touch with me concerning the progress of my case. He was knowledgeable and empathetic, and I trusted him throughout the entire process. He prepared me well and set my expectations appropriately. I would highly recommend this law firm and especially Sean McConnell!”

    About Winckler, Harvey & McConnell, LLPGoogle reviewRead it on Google
  • Willy

    November 2026 · Austin, Texas

    “I got into a car accident back in March and my friend Kaleb gave me a referral to McMinn Law Firm. Ever since the accident both Jimmy, Sandy, and Taylor have helped me with my recovery process from my injuries and have done a marvelous job on checking in on me. Today I get to say that I walked out with no more pain...”

    About McMinn Law FirmGoogle reviewRead it on Google
See all reviews

A few minutes that might help

Questions about your own case?
How a malpractice claim usually moves in Texas
  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.Notice before suing

    Some places need a notice before a claim.

  6. 6.File before the deadline

    Your lawyer starts the claim before the deadline.

  7. 7.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Your deadline: 2 years from the treatmentRead the Texas law guide

Each step in more detail
  1. Review the dates

    When you start, have your treatment dates and the injury that worries you. Under Texas rules, you generally have 2 years from the breach or completion of treatment or hospitalization. Because there's no general discovery rule, ask a Texas lawyer which date applies to you.

  2. Assess the records

    As you discuss your concerns about the care, walk through the chart with the lawyer. Before proceeding, ask how the firm would obtain an expert report and what medical review is needed. This is also when you should review the proposed fee agreement.

  3. File the complaint

    If the firm takes your claim and moves forward, the complaint must be filed by the deadline that applies. A child under 12 has until the fourteenth birthday under Texas rules. For everyone else, the 2-year rule applies regardless of age.

  4. Serve the expert report

    After each defendant files an answer, Texas requires an expert report and CV for that defendant within 120 days. If that requirement is missed, the claim faces fees and dismissal with prejudice, meaning you can't refile it.

  5. Discuss resolution

    When discussing your claim, ask how settlement talks or a trial could address it. Although Texas caps non-economic damages, death cases have a separate inflation-indexed cap on total damages. Without promising a result, the lawyer can explain what those limits mean for your case.

Malpractice claims in Austin: the rules that matter

The filing deadline in Texas
  1. The clock startsOn the day of the treatment
  2. Time to start a claim2 yearsMiss it and the claim is usually lost.
  3. At the very most10 yearsafter the treatment, with a few exceptions
Limits on damages in Texas
  • Pain and sufferingCapped at $250,000
  • All damages togetherNo overall cap
  • Expert paperworkServe an expert report and CV for each defendant within 120 days after that defendant's answer is filed; failure leads to dismissal with prejudice and fees.

Read the Texas law guideWork out your own deadline

Filing deadline for most malpractice claims in Texas
2 years
Source
Outer limit (statute of repose)
10 years
Source
Hospitals near Austin with a CMS star rating
6
Source

What a malpractice lawyer costs in Austin

  1. The first callOften free. Ask before you book.
  2. A written agreementThe share the lawyer takes, set out before work starts.
  3. If you recover moneyThe agreed share and the case costs come out of it.
  4. If the claim failsNo legal fee on a contingency agreement. Ask about costs.
Because most listed firms say they work on contingency, the lawyer takes a share of the recovery but receives nothing if the claim fails. Costs are handled separately. To pursue the case, you'll need records and medical opinions, and there are court fees. From the firms' listed terms, you can't tell who advances those costs or who pays if the claim produces no recovery. Before signing, ask about this. Ask the lawyer how expenses come out of a recovery and what share they'll receive. If the claim is unsuccessful, ask whether you could still owe costs. Although every listed firm offers a free consultation, you still need to get a written fee agreement.

According to all nine listed firms, the consultation is free. Contingency work is also offered by eight of them.

What to bring to your first call

  • When you received care, including when treatment or hospitalization ended
  • Your chart and delivery notes, along with other records you already have
  • Which doctors, hospitals or facilities were involved, by name
  • What happened and when you noticed the injury, in your written account
  • Records of related expenses, along with medical bills
  • Letters or messages you received from the hospital or insurer
  • If you have photos related to the injury, those photos
  • If the claim involves a child, your child's date of birth

Questions to ask a lawyer

  1. 1When you've handled malpractice claims, how many involved care like mine?
  2. 2When you take my file, who'll read my records?
  3. 3Given my treatment dates, what's the filing deadline?
  4. 4What's your plan for obtaining the required expert report?
  5. 5What's the calculation for your contingency fee?
  6. 6If there's no recovery, who pays the case costs?
  7. 7When I need updates, how do I reach you?
  8. 8If Texas damage caps apply, how might they affect me?

Choose for your medical problem, not the review score

Let the care that worries you guide you. If the injury happened during delivery, the conversation differs from one about missed diagnosis or medication error. While Hastings Law Firm publishes results in those areas, Winckler, Harvey & McConnell, LLP describes cases involving delivery and hospital care. Several other firms list malpractice as part of their broader accident work. Ask about medical claims like yours rather than assuming every injury lawyer does the same work.

Before you agree to representation
  1. Identify the lawyer reviewing your records

    Ask who will read your chart and answer your questions before sending it. Some clients report intake or follow-up problems, even though many reviews of these firms praise how they communicate. Ask how you'll contact your assigned lawyer if an intake team is the first to take your call.

  2. Discuss the medical review

    Ask how the firm would review your care and get the required expert report before you choose it. You can discuss the firm's published cases, but a large settlement involving different care doesn't show whether you have a claim worth pursuing.

  3. Confirm where you'll meet

    You'll find several firms in Austin. Although Wayne Wright's office is in San Antonio and it also lists Austin, Hastings Law Firm's office is in Dallas. Before traveling, check which location would serve you and whether you could meet without making the trip.

A free consultation is offered by every listed firm, according to each. Although you can discuss representation without a consultation charge, having that meeting doesn't mean the firm has agreed to take your case. Most also say they work on contingency, meaning the lawyer takes a share of a recovery instead of receiving payment if your claim fails. Separately, ask what case expenses involve.

  • Before you sign, request the fee agreement and ask who pays for medical opinions and record charges.
  • Be wary of anyone who promises a result or says a review score proves that your claim will succeed.
  • Don't leave the filing deadline question unanswered. Ask who will file the complaint and keep track of the expert-report deadline before proceeding.

You're reading general information, not legal advice. Even if you don't know what went wrong yet, take your dates to a Texas lawyer. Before that first meeting, the Texas guide explains the rules you'll want to discuss.

Questions people ask

Which firm leads this Austin malpractice list?
Because it focuses on malpractice and publishes results, Hastings Law Firm leads this ranking. Among those results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing verdict. Before choosing it, check who would assess your records and how you'd meet, since the office is in Dallas, outside Austin. Your case isn't predicted by results from earlier cases.
How long do I have to file a medical malpractice claim in Texas?
Under Texas rules, filing is generally required within 2 years of the breach or when treatment or hospitalization ended. A 10-year outer limit also appears in the statute; it's called a statute of repose. There's no general discovery rule for these claims. Because the outer limit doesn't give you permission to wait, have a Texas lawyer review your dates and explain which deadline applies.
Does discovering a medical error later give me more time?
Not necessarily. Because Texas has no general discovery rule for health care liability claims, learning of a possible error generally doesn't change the statutory date that starts the clock. When writing down your treatment dates, include the date you learned about the concern. Before every record arrives, ask a Texas lawyer how the filing rule applies instead of waiting for the complete set.
How much does it cost to speak with these firms?
According to all nine listed firms, consultation is free; eight also say they work on contingency. Although Hastings Law Firm's listed terms confirm a free consultation, they don't establish that it offers a contingency arrangement. Before meeting, ask what the consultation includes. Before you agree to representation, ask for the fee terms and have case expenses explained separately.
What does a Texas malpractice claim need after filing?
After each defendant files an answer, Texas requires service of an expert report and the expert's CV for that defendant within 120 days. If that fails, dismissal with prejudice and fees follow. Before proceeding, ask how the lawyer will track the deadline and obtain the report. To begin that conversation, you can use your chart and the dates you received treatment.
Are the filing rules different for children?
If a child is under 12, the Texas rule allows until the fourteenth birthday. For everyone else, the 2-year rule applies regardless of age. Before assuming your child's claim can wait until adulthood, check. When you give the lawyer your child's birth date and dates of care, ask which deadline applies and have them explain it to your family.
What if my loved one died after medical care?
To have the circumstances and care dates reviewed promptly, speak with a Texas lawyer. Wrongful death is addressed by several listed firms. Descriptions of medical cases involving a patient's death also appear among those published by Winckler, Harvey & McConnell, LLP. Because Texas sets a separate inflation-indexed cap on total damages in death cases, ask a lawyer how that cap applies along with the filing deadline.
How long will a malpractice claim take?
For claims these firms handle, there's no supported overall timetable available. Before filing, ask what has to happen and what might slow progress afterward. After each defendant files an answer, Texas allows 120 days to meet the expert-report deadline. Although that sets a procedural requirement, it doesn't predict when your case will come to an end.
Should I choose the firm with the most Google reviews?
Although review counts help you assess reported client service, they don't establish malpractice experience. While Sandoval & James Car Accident & Personal Injury Lawyers Austin has 3,074 reviews, medical negligence is a small part of its broader practice. When asking who would handle your file and about comparable medical claims, consider communication feedback as another part of that discussion.
Can Texas limit the damages in my claim?
Yes. In health care liability claims, Texas puts a cap on non-economic damages. Rather than itemized financial losses, these damages cover harms such as pain. For death cases, there's also a separate inflation-indexed cap on total damages. Because a firm's published settlement amount can't measure what your claim could recover, ask a Texas lawyer which limits apply to you.

Sources

  1. Texas Civil Practice and Remedies Code § 74.251, Texas Legislature
  2. Texas Civil Practice and Remedies Code § 74.303, Public.Law (official text)
  3. State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
  4. Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
  5. Medical Liability/Malpractice Merit Affidavits and Expert Witnesses, National Conference of State Legislatures
  6. Hospital General Information, Centers for Medicare & Medicaid Services
  7. Malpractice Center methodology, Malpractice Center

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