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Malpractice Center

Best Surgical Error Lawyers in Dallas, TX (2026)

To rank Dallas surgical error lawyers, this evidence-based 2026 list weighs their practice focus and published results, plus reviews and experience.

Sources checked

5 lawyers and firms

Dallas, Texas skyline viewed from Reunion Tower
Photo: IcedCowboyCoffee, CC0, via Wikimedia Commons

The short answer

Because Hastings Law Firm focuses on malpractice and publishes an $8 million surgical error settlement, it leads this list. Before calling, find out who would handle your file and where the money for case expenses comes from. Has the firm handled injuries from the kind of surgery you had? For the filing deadline and expert report requirement, see the Texas malpractice guide.

At a glance

  1. 1Hastings Law FirmFree consultation4.5 out of 5
  2. 2Anapol WeissFree consultation4.2 out of 5
  3. 3Frenkel FirmFree consultation4.8 out of 5
  4. 4Miller Weisbrod Olesky, Attorneys At LawFree consultation4.3 out of 5
  5. 5Van Wey & Metzler4.6 out of 5

Best Surgical Error Lawyers in Dallas

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

    Hastings Law Firm

    4.5143 Google reviewsRated 4.5 out of 5 on Google from 143 reviews

    Best for: Malpractice-focused surgical error representation

    The $8 million surgical error settlement Hastings Law Firm publishes puts it squarely within the scope of this list. In 2005, Tommy Hastings founded the firm. Its medical malpractice practice covers surgical errors and hospital negligence, and its site lists medication errors as well.

    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. Anapol Weiss logo2

    Anapol Weiss

    4.2100 Google reviewsRated 4.2 out of 5 on Google from 100 reviews

    Best for: Surgical injuries involving defective devices

    A broken laser probe during neurosurgery appears among Anapol Weiss's published cases. For a client left with permanent brain damage, its site credits Kila Baldwin with a $9.7 million malpractice verdict. Before that verdict, the product liability part of the case settled for $12.75 million.

    How they were picked

    Stood out in our review for the results it publishes and its years of experience.

    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. Frenkel Firm logo3

    Frenkel Firm

    4.81,444 Google reviewsRated 4.8 out of 5 on Google from 1444 reviews

    Best for: Families prioritizing regular case updates

    When Frenkel Firm's clients praise its communication, they repeatedly mention updates and explanations that helped them know what to expect. Getting consistent feedback matters to them, too. Although its 1,444 Google reviews aren't limited to malpractice clients, they give those comments about communication a larger base than other firms here.

    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

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  6. Miller Weisbrod Olesky, Attorneys At Law logo4

    Miller Weisbrod Olesky, Attorneys At Law

    4.392 Google reviewsRated 4.3 out of 5 on Google from 92 reviews

    Best for: Anesthesia and postoperative monitoring injuries

    In a case published by Miller Weisbrod Olesky, Attorneys At Law, brain damage after gallbladder surgery is attributed to an anesthesiologist and recovery room nurses. A verdict in another published account concerns an esophagus perforated by a nasal gastric tube. Beyond the firm's published birth injury cases, these accounts show that it handles injuries during surgery and recovery.

    How they were picked

    Stood out in our review for the results it publishes and 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. Van Wey & Metzler logo5

    Van Wey & Metzler

    4.6123 Google reviewsRated 4.6 out of 5 on Google from 123 reviews

    Best for: Anesthesia injuries and brain damage

    Medical malpractice and birth injury are the two practice areas Van Wey & Metzler lists. A college student's profound brain damage from an anesthesia error appears among the cases it publishes. Another account on its site concerns a dangerous-doctor lawsuit involving multiple parties.

    How they were picked

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

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 speak with the lawyer, give the surgery date and when treatment or hospitalization ended. With no general discovery rule for these claims, Texas generally requires you to file within 2 years. How those dates affect your claim is something a Texas lawyer can work out.

  2. Examine the records

    When discussing the operative report, explain what happened during recovery. How will the firm get medical opinions that help it assess the alleged error? Even if the firm accepts your case, it isn't promising a recovery.

  3. File the complaint

    If the lawyer takes your case, talk about filing the complaint (which starts the lawsuit) before the deadline that applies. The rule for children is different. Until the fourteenth birthday, a child under 12 can file; otherwise, 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 you miss that requirement, fees and dismissal with prejudice follow. You can't refile the claim after that dismissal.

  5. Discuss resolution

    How might your case get to a settlement or verdict? For health care liability claims, Texas caps non-economic damages. Because death cases have a separate inflation-indexed cap on total damages, ask your lawyer how those limits apply to you.

Malpractice claims in Dallas: 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 Dallas with a CMS star rating
6
Source

What a malpractice lawyer costs in Dallas

  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.
Working on contingency is what most firms on this list describe. If the claim fails, there's no attorney fee; otherwise, the lawyer gets a share of any recovery. You'll pay separately for case expenses, such as records and medical opinions, with court fees included too. If there's no recovery, who owes that money, and who advances it in the first place? In cases described by Miller Weisbrod Olesky, Attorneys At Law, clients reimbursed litigation expenses out of the gross settlement. Before you sign, get written fee terms that explain how those expenses change the amount you'll have left.

A free consultation is available, according to five of the six firms listed. Working on contingency is something five also report.

What to bring to your first call

  • When surgery took place and when treatment or hospitalization came to an end
  • Any anesthesia records you have, together with your operative report
  • Records of care after surgery, together with discharge instructions
  • Who the surgeon and hospital were, plus the names of other clinicians involved
  • Records of expenses tied to the injury, plus your medical bills
  • What the hospital or insurer sent in letters or messages
  • Photos that show how the injury or your recovery changed
  • What happened, written as a brief timeline

Questions to ask a lawyer

  1. 1When handling claims, have you dealt with this type of surgery or alleged error?
  2. 2After reading my records, who decides whether you'll take my case?
  3. 3Which lawyer would handle my file if I hired your firm?
  4. 4When I need updates or call you, how will you respond?
  5. 5When do I need to file, given my circumstances?
  6. 6To meet Texas requirements, how will you obtain the expert report?
  7. 7When calculating attorney fees and paying case expenses, how does that work?
  8. 8If there's no recovery, could I owe case expenses?

Choosing a surgical error lawyer in Dallas

Don't let the firm's largest advertised recovery distract you from the surgery. Because an anesthesia injury raises different questions from a broken surgical device, ask about claims involving the same kind of alleged error. Device-related surgical results appear on Anapol Weiss's site; an anesthesia injury appears in Van Wey & Metzler's accounts. When you call, discuss those cases, but don't take them as a prediction of what will happen in yours.

Who will read the operative report, and who will talk with you once they've read it? Communication problems sometimes show up in reviews. You can't tell how a firm handles surgical claims, though, just from its overall rating. While Frenkel Firm's reviewers often praise updates, Morgan & Morgan's review themes include missed calls and slow responses. How does each firm plan to keep you informed?

  • Which records does the firm want first, and will it help you obtain any charts you're missing?
  • Who would prepare the required expert report, and how would you pay for that work?
  • Before signing, get attorney fees and case expenses explained to you in writing.
  • If the firm declines your case after reviewing records or the claim fails, what happens to the expenses?

If the consultation is free, you can discuss your case without paying for that conversation. The firm hasn't necessarily agreed to take your case, though. If you use a contingency arrangement, the lawyer gets a share of a recovery but no attorney fee if the claim fails. You'll face separate costs for records and medical opinions. Will the firm advance those costs, and when would you have to pay them back?

Check what the published results cover. Attorney fees or reimbursed expenses, rather than total awards, account for some figures from Miller Weisbrod Olesky, Attorneys At Law. If someone promises a particular recovery, take that as a warning sign. Before signing, pause if you still don't understand the fee terms or can't find out who will handle your file. A Texas lawyer can assess your dates and circumstances; what's here is general information, not legal advice.

Questions people ask

Which Dallas firm leads this surgical error list?
With its focus on malpractice and published results that include an $8 million surgical error settlement, Hastings Law Firm leads this list. The firm dates back to 2005. Although reviews repeatedly praise patient explanations, some clients describe having trouble reaching a lawyer during intake. Who will review your records, and when should you expect to hear from them?
How long do I have to file a surgical error claim in Texas?
You generally must file in Texas within 2 years of the breach or the date treatment or hospitalization ended. No general discovery rule applies to these claims. Although Texas law sets a 10-year outer limit too, it doesn't extend the ordinary deadline. Which dates control your situation is something to ask a Texas lawyer.
Do Dallas malpractice lawyers offer free consultations?
Free consultations are offered, according to five firms here: Hastings Law Firm, Anapol Weiss, Frenkel Firm, Miller Weisbrod Olesky, Attorneys At Law and Morgan & Morgan. Confirm what you'll get before booking. When you talk, ask about the filing deadline and how records will be reviewed, plus costs. Even if you have a consultation, don't assume the firm has agreed to represent you.
Will I pay attorney fees if my claim fails?
If the claim fails under a contingency arrangement, there's no attorney fee; otherwise, the lawyer receives a share of a recovery. Contingency fees are used, according to five firms on this list. Expenses aren't included. Even without a recovery, would you owe for records or medical opinions, and will the firm put that answer in your written agreement?
What expert paperwork does a Texas malpractice case need?
After each defendant files an answer, Texas requires an expert report and CV for that defendant within 120 days. If you miss the requirement, dismissal with prejudice and fees follow. Once dismissed with prejudice, a claim cannot be refiled. When asking how the firm will arrange the report, find out who pays for the medical review that goes into preparing it.
Does my child have a different filing deadline?
In Texas, the filing deadline for a child under 12 is the fourteenth birthday. Don't assume your child's claim can wait until adulthood: otherwise, the 2-year rule applies regardless of age. When you contact a Texas lawyer, provide your child's birth date and treatment dates. Ask the lawyer to explain how that rule applies to your child's particular claim.
What should I do before calling a lawyer about a surgical injury?
Note when surgery happened and the date treatment or hospitalization ended. When gathering records you already have, look especially for the operative report and discharge papers, and include correspondence from the hospital. Call even if you haven't collected everything yet. Which other records does the firm need, and will it help you obtain whatever you're missing?
How long does a surgical error lawsuit take?
Every case doesn't follow the same timeline. When you speak with the lawyer, ask what record review and expert work your claim needs and what could slow its progress. Deadlines come from both the 2-year filing rule and the 120-day expert report requirement. How long the whole lawsuit will take isn't something either deadline tells you.
What changes if my loved one died after surgery?
Alongside its health care liability rules, Texas sets a separate inflation-indexed cap on total damages for cases involving a death. A death doesn't mean you should assume there's more time to file. When contacting a Texas lawyer, provide the surgery and treatment dates, and include the date of death. How do the deadline and damages rules apply to the circumstances your family faces?

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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