Injured in a Texas Hospital? Seeking Compensation for Harm

You have a right to safety and a high standard of care as a patient in any Texas hospital. You may be entitled to financial damages if you or a loved one was injured or suffered medical complications during your hospital stay. The experienced and compassionate attorney at the Law Offices of Glenn W. Cunningham can help you obtain the compensation you rightfully deserve. 

Corporate Negligence of Texas Hospitals

Under Texas law, doctors are usually independent contractors and are not allowed to be employed by hospitals. This general rule falls under the corporate practice of medicine doctrine. In simple terms, hospitals are generally only accountable for their own corporate acts and the negligent actions of those health care providers that are employed by them.

These are a few common examples of hospital malpractice:

  • Making poor hiring decisions without adequate background checks
  • Failure to ensure safe and competent health care employees
  • Substandard policies and procedures for patient care and maintaining a safe facility
  • Inadequate supervision of health care employees
  • Outdated training practices or lack of training of employees on safety procedures

In most cases, hospitals grant “staff privileges” to physicians to admit their patients to the hospital to perform surgical procedures and provide other medical services. Before granting staff privileges, however, hospitals are supposed to verify the credentials of physicians, in a review process called “credentialing,” to ensure that the physician has the requisite education, training, credentials, and skills to serve as a reputable member of the medical staff. In some states, hospitals are liable if they are negligent when credentialing a physician.

Unfortunately, in Texas, hospitals are not liable for granting staff privileges to a physician in the credentialing process unless they act with malice. Hence, in Texas, a hospital is not liable for “negligent credentialing,” but only liable for “malicious credentialing.” Proving that a hospital has maliciously credentialed a physician is very difficult because key documents relied upon by the hospital’s Credentialing Committee or Peer Review Committee in making the decision to grant staff privileges to a physician are privileged from being subject to subpoena or discovery. 

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Man in a hospital bed

Hospital Malpractice and Employee Negligence in Texas

Registered nurses (RNs), licensed vocational nurses (LVNs), respiratory techs, therapists, social workers, case managers, radiology techs, pharmacists, personal care assistants (PCAs), and certified nurse assistants (CNAs) can be hired by the hospital as employees. The hospital (employer) can be held vicariously liable, under the common law principles of respondeat superior, for any substandard care or negligence provided to patients by an employee. 

These are a few common nursing and hospital employee mistakes:

  • Wrong medication administered by the nurse or PCA
  • Wrong medication or dosage dispensed by the hospital pharmacy
  • Nurse or therapist fails to inform the doctor about a change in patient status
  • Nurse fails to follow doctor’s orders
  • Social worker or case manager fails to ensure appropriate at-home care before the patient is discharged

A top-rated medical malpractice attorney can help win your case.

Statute of Limitations for Suing a Hospital in Texas

If you or a loved one was injured in a hospital because of the medically negligent actions of an employee, you may be able to sue the hospital. The application of the statute of limitations in medical negligence cases in Texas is quite complex. The general rule is there is a two-year statute of limitations in place for Texas hospital malpractice lawsuits. This means you cannot file your hospital lawsuit later than 2 years following the negligent act or omission that caused injury or death.  

However, there are a few exceptions to this general rule, such as:

  • Minors: Limitations may extend until a minor reaches the age of majority, such that limitations may not expire until 2 years after the minor’s 18th birthday. Noteworthy, there may be exceptions to this exception. For instance, the Statute of Repose states that all medical malpractice lawsuits must be brought within 10 years of the alleged negligence. Accordingly, it is prudent for parents to file a birth injury lawsuit on behalf of their child before the child’s 10th birthday, so as not to run afoul of the Statute of Repose.
  • Undiscovered negligence: If it was impossible for you to discover that you were a victim of medical malpractice during the two-year statute of limitations, then you may be able to file suit within a “reasonable” period of time following your discovery of medical negligence. Significantly, a “reasonable” period of time in which to file suit is not two years, but rather only a few months.

While exceptions to the statute of limitations are rare, they do occur, and you should speak with an experienced attorney even if you think the time has run out. Texas has passed strict laws regarding hospital negligence in the Tort Reform Act of 2003. Your attorney will need to prove all elements of medical negligence for a successful resolution. 

Choose the Most Trusted Medical Malpractice Law Firm with a Track Record of Holding Negligent Hospitals Accountable in Texas

Glenn W. Cunningham is a San Antonio medical malpractice attorney with a track record over decades, helping families all across Texas obtain justice in hospital negligence cases. He is an experienced medical malpractice attorney who is here to provide you with the strongest possible legal representation you deserve.

Our founding attorney, Glenn W. Cunningham, has been relentless in his pursuit for over 30 years to deliver justice for injured patients and families of wrongful death victims. We keep our case dockets small to work on all cases with the unwavering focus and determination they deserve. Call our office or reach us online to set up your complimentary consultation. 

Client Testimonials

I can’t say enough good things about Glenn Cunningham and his firm.

He took my case and fought for me from day one. Glenn and his staff were professional and caring. They kept me updated on all aspects of my case. We were able to go to mediation and reach a settlement that was more than fair. I would recommend Glenn to any of my friends and family. I am beyond pleased with how my case was handled and ultimately settled.


Glenn Cunningham is tough, smart, experienced.

A very deep heartfelt thank you to the whole team at the Law Offices of Glenn W. Cunningham. Glenn is tough, smart, experienced, and he will do everything in his power to make sure that you or your loved one get the best outcome possible from whatever personal tragedy you may be facing. He fought for me when no one else would. He will do the same for you.


I am grateful to Glenn Cunningham for the hard work he did

I am very pleased with the legal services provided by Glenn Cunningham. He is very competent, knowledgeable, caring, personable, and professional. If you are seeking justice for medical malpractice or wrongful death, Glenn will fight for you. He is tenacious and assertive on behalf of his clients. He also keeps you informed of the status of your case on a regular basis.


Glenn Cunningham knows his job well.

Glenn was amazing! Very knowledgeable, and Nicole, his secretary, is very helpful and knowledgeable as well. We never had a problem reaching someone at the office, and our questions were always answered promptly.


This is by far the best attorney for your malpractice case.

I wanted to thank Mr. Cunningham and his staff for there amazing work and dedication to my case and fighting for me when I couldn't. They truly were amazing and always kept my family and I updated on everything that was happening.

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