Irving, Texas · Medical Malpractice
Seven firms that handle medical malpractice and birth-injury cases for Irving clients — plus the Texas damage caps, the 120-day expert rule, and how to choose.
Medical malpractice is one of the hardest and most expensive kinds of injury case to win in Texas, and it pays to know that going in. The law sets a strict 2-year deadline to sue, caps non-economic damages (pain and suffering) at $250,000 against physicians, and requires you to serve a detailed expert report from a qualified doctor within 120 days of filing — or the case is dismissed. Those hurdles mean only firms with real medical-malpractice experience and the resources to hire top experts can take these cases on.
Because of that, the lawyers who handle Irving malpractice claims are often based in Dallas, where the specialized firms cluster, and they serve clients across the metro including Irving, Las Colinas, and the surrounding suburbs. Several below are board certified, have decades of trial experience, or focus specifically on birth injuries and catastrophic medical errors. These cases are taken on contingency, so you pay nothing unless the firm recovers.
We built this list from Super Lawyers, Justia, Expertise, and firm records, confirming each has a genuine medical-malpractice practice serving the Irving area. Because the bar to file is so high, the most important screen is whether a firm regularly tries malpractice cases — many injury firms simply do not. Call two or three and ask how many malpractice cases they have taken to verdict.
How we picked these 7: We cross-referenced peer rankings and directories (Best Lawyers, Super Lawyers, Avvo, Martindale-Hubbell, Justia, Expertise.com, FindLaw) and each firm's own published practice pages. Every firm below appeared in at least two independent sources and has a verifiable Irving-area medical malpractice practice. We do not accept payment for placement, and we do not write sponsored reviews. More on our methodology →
Practice focus: Medical malpractice and birth injury
Founded by board-certified attorney Tommy Hastings, this Dallas firm handles medical malpractice cases exclusively and serves Irving-area clients, including birth-injury claims.
Why they made the list: A top pick for serious malpractice — a firm that does only this work, led by a board-certified attorney.
Practice focus: Medical malpractice across Texas
Geoffrey Schorr's firm represents malpractice victims across Dallas, Fort Worth, Arlington, Plano, and Irving, handling misdiagnosis, delayed diagnosis, surgical and ER errors, and birth injuries.
Why they made the list: A strong choice with explicit Irving coverage and a broad range of malpractice case types.
Practice focus: Medical malpractice and birth injury
Founded by Kay Van Wey, a Texas Super Lawyer for more than 22 consecutive years, this nationally recognized Dallas firm focuses on medical malpractice and birth-injury cases.
Why they made the list: A standout for birth-injury and catastrophic malpractice claims, with long-standing peer recognition.
Practice focus: Medical malpractice and serious injury
With more than 30 years of trial experience and a background as a former Dallas County prosecutor, Jason January handles medical malpractice cases for Irving clients.
Why they made the list: A good fit when you want a seasoned trial lawyer with a local Irving presence on a serious case.
Practice focus: Medical malpractice
An attorney experienced in representing Irving-area clients in medical malpractice claims, including diagnostic and surgical errors.
Why they made the list: A local option for malpractice claims; ask about specific case experience for your type of injury.
Practice focus: Birth injury and medical malpractice
A Dallas firm with more than 20 years helping families pursue birth-injury and medical-malpractice claims, serving the broader metro including Irving.
Why they made the list: Worth considering specifically for birth-injury and obstetric-negligence cases.
Practice focus: Medical negligence and birth injury
A Dallas trial firm known for complex medical-negligence and birth-injury litigation, serving clients across the metro area.
Why they made the list: A choice for high-stakes, complex malpractice cases that are likely to be hard-fought and may go to trial.
Were you or a loved one harmed by a medical error in the Irving area? Tell us what happened and we'll connect you with one of these malpractice firms — or a similar one — for a free, confidential consultation.
Insist on real malpractice experience. Many injury firms advertise malpractice but rarely take these cases. Ask specifically how many medical-malpractice cases the firm has taken to verdict or settlement, and how recently.
Make sure the firm can fund experts. Texas requires a qualified physician's expert report within 120 days of filing, and good experts are expensive. The firm must have the resources to front those costs.
Understand the Texas damage caps before you start. Non-economic damages against a physician are capped at $250,000. Your economic damages — medical bills and lost income — are not capped. A lawyer should explain how the caps affect the realistic value of your case.
Mind the 2-year deadline. Texas generally gives you two years from the malpractice (or from when treatment for that condition ended) to sue. These cases take months just to investigate, so do not wait to call.
Confirm the fee and who advances costs. Malpractice cases are contingency, usually around a third to 40%. Confirm that the firm advances case costs and that you owe nothing if there is no recovery.
Medical malpractice cases are handled on contingency, so the cost structure is recovery-based:
Because the experts and litigation costs are so high, malpractice firms are selective — they only take cases they believe they can win. If a firm turns your case down, get a second opinion, but understand that the Texas caps and costs genuinely make smaller cases hard to pursue.
A medical-malpractice case in Texas typically unfolds like this:
Guaranteed outcomes. No ethical attorney can promise a specific result. If a firm guarantees a win, a number, or a court ruling, walk away.
The disappearing senior partner. You meet a named partner at intake, then never hear from them again while an unsupervised junior runs the file. Ask in writing who handles your matter day to day.
Pressure to sign on the spot. Reputable firms give you the engagement letter in writing and time to read it. High-pressure intake is a volume-mill signal.
No verifiable track record. Look for named results, peer rankings, board certifications, or bar recognition — not "we have helped thousands of clients."
Vague fees. Every legitimate firm will put the fee structure, what is covered, and what triggers extra charges in a written engagement letter.
Most of the firms on this list offer a free or low-cost initial call. Use it. Bring a written list and write down the answers, then compare across two or three firms before you sign anything.
You will get more out of the first call if you arrive organized. For most medical malpractice matters, gather:
If you are not sure whether something is relevant, bring it anyway. It is easier for a lawyer to set aside what does not matter than to chase down what you left at home.
Tell us about your situation. We'll match you with one of these firms or a similar one. Free, confidential, no obligation.
Medical malpractice cases are taken on contingency, so you pay nothing up front and the lawyer's fee — commonly about 33% to 40% of the recovery — comes out of any settlement or verdict. Reputable firms also advance the case costs, which in malpractice can run into the tens of thousands for medical experts. If there is no recovery, you generally owe no fee.
Texas caps non-economic damages — pain, suffering, and similar harms — at $250,000 against a physician, with separate additional limits that can apply to healthcare institutions. Your economic damages, such as past and future medical bills and lost income, are not capped. The caps significantly affect the value of cases where the main harm is pain and suffering rather than financial loss.
Generally two years from the date of the negligent care, or from the date the relevant course of treatment ended. There are limited exceptions, but the deadline is strict and these cases take months just to investigate. If you suspect malpractice, contact a lawyer well before the two years runs.
Texas law requires a malpractice plaintiff to serve a written report from a qualified medical expert within 120 days of filing suit. The report must explain how the care fell below the standard and how that caused the injury. If you do not serve a proper report on time, the court can dismiss the case and order you to pay the defendant's legal fees. This rule is a major reason malpractice requires experienced counsel.
Not every bad medical result is malpractice. The law requires that a provider fell below the accepted standard of care and that the failure caused real harm. Many disappointing outcomes are unfortunate but not negligent. A malpractice firm will have a qualified physician review your records to tell you whether there is a viable case before investing in it.
Medical malpractice requires specialized expertise and the financial capacity to fund expensive experts, so the firms that focus on it tend to cluster in Dallas and serve the whole metro, including Irving. A Dallas-based malpractice firm representing an Irving client is normal and often preferable to a general-practice local firm that rarely handles these cases.
These are among the slower injury cases. Investigation alone can take months, and once filed, discovery and expert work commonly stretch a case to one to two years or more. Some settle after the evidence is developed; others go to trial. Your lawyer should give you a realistic timeline after reviewing your records.
One last thing. Choosing a lawyer is personal. Read the reviews. Call two or three firms before you sign. Ask each one: How many matters like mine have you handled in the last three years? The answer tells you a lot. — The LawFirmSquare team
LawFirmSquare is a directory. We do not represent clients or refer cases for a fee.