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Malpractice Center

Best Misdiagnosis Lawyers in Houston, TX (2026)

To build this evidence-based 2026 list of Houston misdiagnosis lawyers, we weighed each firm's practice focus alongside published results and client reviews.

Sources checked

5 lawyers and firms

Texas Medical Center in Houston, Texas
Photo: Katie Haugland Brown, CC BY 2.0, via Wikimedia Commons

The short answer

Because Hastings Law Firm focuses on malpractice and publishes a $19.75 million failure-to-diagnose settlement, it leads this list. Find out who would handle your claim before calling. After asking how fees and case costs work, read about filing in our Texas malpractice guide.

At a glance

  1. 1Hastings Law FirmFree consultation4.6 out of 5
  2. 2Morgan & MorganFree consultation4.7 out of 5
  3. 3Van Wey & Metzler4.5 out of 5
  4. 4Davis & Davis, Attorneys at LawFree consultation4.9 out of 5
  5. 5Pusch & WynneFree consultation4.6 out of 5

Best Misdiagnosis Lawyers in Houston

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

    Hastings Law Firm

    4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews

    Best for: Claims involving failure to diagnose

    With its published $19.75 million failure-to-diagnose settlement, Hastings Law Firm offers a result directly related to the claims covered on this list. In 2005, Tommy Hastings founded the firm in Houston. Alongside other medical injury claims, its site lists medical misdiagnosis and hospital negligence; among its published results is a $10.7 million negligent-prescribing jury verdict.

    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

    Morgan & Morgan

    4.73,942 Google reviewsRated 4.7 out of 5 on Google from 3942 reviews

    Best for: Families considering a broad injury firm

    Google lists 3,942 reviews for Morgan & Morgan. Although that gives you plenty of feedback to read, experiences vary: clients describe strong results, but others mention missed communications or cases the firm declined. Fees concern some reviewers, too.

    How they were picked

    Stood out in our review for what its clients say 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

  4. Van Wey & Metzler logo3

    Van Wey & Metzler

    4.58 Google reviewsRated 4.5 out of 5 on Google from 8 reviews

    Best for: Diagnosis claims involving brain injury

    Medical malpractice and birth injury are the focus of the practice Kay Van Wey and Luke Metzler handle. Along with listing misdiagnosis, Van Wey & Metzler's site publishes case descriptions about serious brain injuries. After a failure to manage critically high blood glucose caused a heart attack and brain damage, one case description reports a jury verdict.

    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

  5. Not sure who to call first?

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  6. Davis & Davis, Attorneys at Law logo4

    Davis & Davis, Attorneys at Law

    4.929 Google reviewsRated 4.9 out of 5 on Google from 29 reviews

    Best for: Families seeking responsive communication

    When describing Davis & Davis, Attorneys at Law, clients repeatedly mention warmth and prompt replies. Across 29 Google reviews, the firm has a 4.9 rating. At this Houston firm, reviewers say families receive patient treatment and honest explanations; the named attorneys are Steven R. Davis and John A. Davis, Jr. Misdiagnosis and hospital negligence appear among the claims listed on its site, with medical malpractice and birth injury at the center of its practice.

    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

  7. 5

    Pusch & Wynne

    4.61,097 Google reviewsRated 4.6 out of 5 on Google from 1097 reviews

    Best for: Medical mistakes within broader injury claims

    Alongside medical mistakes, Pusch & Wynne's broader injury practice covers auto accidents and claims involving defective products. Misdiagnosis appears on its site among the claims it handles, along with wrongful death and nursing home negligence. Anthony Pusch and Gerard Pusch are named as founding partners, and the firm has an office in Houston.

    How they were picked

    Stood out in our review for what its clients say 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

Where they are in Houston

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. Check the filing dates

    When discussing the suspected mistake, tell the lawyer its date and when treatment or hospitalization ended. Because Texas has no general discovery rule, you generally have 2 years to file. If the claim involves a child, review the separate age-based rule.

  2. Review the medical record

    To evaluate the missed or delayed diagnosis, the lawyer reads your medical records and talks with you about medical review. Before proceeding, ask what information is missing and whether the firm will accept the claim. Even after a consultation, the firm hasn't necessarily agreed to represent you.

  3. File the complaint

    Once the firm accepts your claim and decides to proceed, it must file before the applicable Texas deadline. Your claim reaches court through the complaint. When discussing it, ask which providers the lawyer names and what follows their responses.

  4. Serve the expert reports

    Within 120 days after each defendant's answer is filed, Texas requires an expert report and CV (a professional resume) for that defendant. If you fail, fees and dismissal with prejudice follow. You can't file the claim again after that.

  5. Work toward a resolution

    If settlement is possible, how would the lawyer assess it or prepare for trial? Although Texas caps non-economic damages, death cases carry a separate inflation-indexed cap on total damages. What your claim might recover isn't predicted by the firms' published results.

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

What a malpractice lawyer costs in Houston

  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.
If you use the contingency fees several listed firms offer, the lawyer takes a share of the recovery but gets no lawyer's fee if your claim fails. That doesn't include case costs. Alongside court fees, those expenses can pay for records and medical opinions. Ask who advances that money before signing, and whether you must repay it without a recovery (the firms' listed terms leave that question unanswered). To see how costs are deducted, request a written fee agreement. Even after a free consultation, later work and case expenses aren't free.

On this list, a free consultation is offered by Five of the six firms. Contingency work is offered by Four.

What to bring to your first call

  • Your symptoms and appointments in a written timeline, followed by the eventual diagnosis
  • When your treatment or hospitalization began and ended
  • Any discharge papers you have, plus the medical charts and test results in hand
  • Which doctors and hospitals were involved, by name
  • Records of related expenses, plus your medical bills
  • What the hospital or insurer sent in letters or messages
  • Photos related to the injury, if you have any
  • If the claim concerns a child, your child's birth date

Questions to ask a lawyer

  1. 1When a missed or delayed diagnosis resembled mine, how many such cases did you handle?
  2. 2When you take my file, who reads my records?
  3. 3Based on these treatment dates, when must I file my claim?
  4. 4To meet Texas requirements, how will you obtain expert reports?
  5. 5If there's a recovery, what share would cover your fee?
  6. 6If nothing is recovered, who pays the case costs?
  7. 7When I need an update, whom should I contact and expect to reply?
  8. 8If Texas damage caps apply, how might they affect my claim?

Choose for your diagnosis claim, not the firm’s size

Make the medical problem your starting point. When you speak with the lawyer, identify the missed diagnosis and when you learned the correct one, then describe what followed. Although several other firms list misdiagnosis without comparable published results, Hastings Law Firm publishes a failure-to-diagnose settlement. Has the firm handled your condition? Even if a delayed C-section result shows medical litigation experience, it won't tell you whether the firm has handled a missed diagnosis like yours.

Put the Texas filing clock first

Under Texas's general rule, you must file within 2 years of the breach, or the date treatment or hospitalization ended. For these claims, a general discovery rule doesn't apply. Another doctor's explanation of the mistake doesn't necessarily start the clock. Although the statute sets a 10-year outer limit, you don't get extra time beyond the ordinary deadline because of it. Even if you're still gathering records, give the lawyer your treatment dates right away.

Use the consultation to test the working relationship
  1. Ask who will read the chart

    Before choosing, ask which attorney evaluates your claim and arranges medical opinions. Within 120 days after each defendant files an answer, Texas requires an expert report and professional resume for that defendant. How does the firm prepare to meet that requirement?

  2. Agree on communication

    When you need updates, who returns your calls and keeps you informed? While Morgan & Morgan's reviews mention communication complaints, clients praise Davis & Davis, Attorneys at Law for responsiveness. Treat those reviews as clues. How does the assigned lawyer's process actually work?

  3. Read the payment terms

    Although a free consultation costs nothing for that discussion, the firm hasn't necessarily agreed to accept your claim. If you pay on contingency, the lawyer takes a share of a recovery but gets no lawyer's fee if the claim fails. What happens to case expenses separately?

If anyone presses you to sign without explaining the fees, pause. Before signing the fee agreement, request it and ask who pays for records or medical opinions when nothing is recovered. How could Texas damage caps affect your claim, too? Your outcome isn't promised by a past settlement. Rather than confident predictions, look for answers tied to your chart, and don't spend your remaining filing time waiting for an unanswered intake call.

Questions people ask

Which Houston firm leads this misdiagnosis lawyer list?
Founded in 2005, the firm has an office in Houston. Yours isn't predicted by its result. Looking at your records, ask whether the firm has handled the particular condition and diagnostic delay they describe.
How long do I have to file a misdiagnosis claim in Texas?
Under the general Texas rule, you must file within 2 years of the breach, or the date treatment or hospitalization was completed. For these claims, no general discovery rule applies. Although the statute also sets a 10-year outer limit, you still have to meet the ordinary filing deadline. To find out which dates apply in your situation, speak with a Texas lawyer.
What if I only recently learned that the diagnosis was wrong?
Even if the correct diagnosis is recent, a new filing period doesn't necessarily begin. Because Texas has no general discovery rule for health care liability claims, the usual deadline runs from the breach or the end of treatment or hospitalization. When speaking with a lawyer, provide the original treatment dates and when you learned of the possible mistake. Ask promptly for a deadline review.
Do Houston malpractice lawyers offer free consultations?
Five firms on this list say they offer a free consultation: Hastings Law Firm, Morgan & Morgan, Davis & Davis, Attorneys at Law, Pusch & Wynne, and Schechter, Shaffer & Harris, LLP. Van Wey & Metzler's consultation terms aren't listed here. There's no charge for a free discussion, but that doesn't mean the firm accepts your case or that later case expenses are free.
Will I owe a lawyer's fee if the claim fails?
If you agree to contingency payment, the lawyer takes a share of a recovery but gets no lawyer's fee if the claim fails. Contingency fees are listed by Morgan & Morgan, Van Wey & Metzler, Davis & Davis, Attorneys at Law, and Pusch & Wynne. That doesn't cover expenses. If nothing is recovered, ask whether you'd owe money for records or medical opinions, along with court fees.
What does Texas require from a medical expert?
Within 120 days after each defendant files an answer, Texas requires an expert report and CV for that defendant. The expert provides a professional resume, called the CV. If you miss this requirement, dismissal with prejudice and fees follow. Before signing, find out who the lawyer uses to arrange the medical review and who pays for it.
What deadline applies if my child was misdiagnosed?
Until the fourteenth birthday, a child under 12 can file in Texas; for others, the 2-year rule applies regardless of age. Waiting for your child to reach adulthood isn't something you can assume. When asking a Texas lawyer how the rule applies, provide your child's birth date and the treatment dates.
What changes if a loved one died after a missed diagnosis?
Alongside its cap on non-economic damages in health care liability claims, Texas sets a separate inflation-indexed cap on total damages for death cases. Wrongful death claims appear in several listed firms' practices. When speaking with a Texas lawyer, provide your treatment dates and available records. For your situation, how do the filing deadline and death-case cap apply?
How long will a misdiagnosis case take?
You can't reliably estimate how long a case takes from the firms' published results. For expert reports, though, Texas sets a deadline of 120 days after each defendant's answer is filed. The claim doesn't have to finish by then. When you speak with your lawyer, ask what comes next and what might delay medical review or a possible resolution.
What should I do before choosing a lawyer?
As you collect the records already available, write down your treatment dates. Before you have a complete chart, discuss the deadline. When asking who would work on your file, discuss comparable diagnosis claims. While some listed firms focus on malpractice, others handle a broader range of injury claims. Has the assigned lawyer handled your medical issue before?

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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