Galveston Medical & Pharmaceutical Injury Lawyer

Legal Help After a Drug, Device or Medical Error Injury in Galveston

When a medication, implant or treatment that was supposed to help you causes serious harm instead, you need clear answers about what went wrong and who should pay for it. The Daspit Law Firm represents patients and families in Galveston Island, Galveston County and throughout Texas in claims involving dangerous drugs, defective medical devices and medical negligence.

We offer free consultations 24/7 and work on a contingency fee, so there is no fee unless we win. Call (281) 748-2044 to speak with our team in English or Spanish.

Two Kinds of Medical Injury Claims

Texas treats harm from a product very differently from harm caused by a health care provider. Knowing which kind of claim you have shapes every step that follows.

Pharmaceutical and Medical Device Claims

These are product liability cases in Galveston brought against drug makers, device manufacturers and, in some situations, distributors. They usually focus on a design problem, a manufacturing error or a failure to warn doctors and patients about known risks. Pelvic mesh is one example, covered on our transvaginal mesh lawsuit page.

Medical Negligence Claims

These claims are brought against doctors, nurses, hospitals, pharmacies or clinics when care falls below the accepted standard and causes injury. Examples include a pharmacy filling the wrong drug or dose, a missed diagnosis, a surgical error or a dangerous drug interaction that should have been caught.

Dangerous Drugs and Defective Devices

Every medication carries some risk, and side effects alone do not create a legal claim. A case may exist when a company knew, or should have known, about a serious danger and did not warn the medical community, or when the product was made or designed in a way that made it unreasonably dangerous.

Situations we review include:

•      Prescription or over-the-counter drugs later linked to serious side effects

•      Drugs contaminated during manufacturing or sold with the wrong strength

•      Implants such as hip or knee replacements, pelvic mesh and other devices that fail early

•      Products subject to FDA safety communications or recalls

If you are worried about a medication, please do not stop taking it without talking to your doctor first. You can also report a problem to the FDA through MedWatch, the FDA adverse event reporting program.

Texas Rules for Drug Warning Claims

Under Tex. Civ. Prac. & Rem. Code §82.007, a drug maker is generally presumed not liable for a failure-to-warn claim if it used the warnings approved by the FDA. That presumption can be overcome in specific situations, for example if the company withheld or misrepresented required information to the FDA. Claims against generic drug makers face additional federal limits. These rules are why careful early investigation matters.

Medical Negligence Claims Under Texas Law

Health care claims in Texas fall under the Texas Medical Liability Act, found in Chapter 74 of the Civil Practice and Remedies Code. The Act adds steps that ordinary injury cases do not have:

•      Pre-suit notice: Written notice and a medical records authorization must generally be sent at least 60 days before a lawsuit is filed.

•      Expert report: A qualified expert report must generally be served within 120 days after each defendant files its answer, or the claim can be dismissed.

•      Deadline: Claims generally must be filed within two years of the negligent act or the end of the related course of treatment, with special rules for minors and a 10-year outer limit.

•      Damage caps: Noneconomic damages, such as pain and mental anguish, are capped by statute. Economic losses like medical bills and lost wages are not subject to that cap.

Some hospitals and clinics in Galveston County are run by government entities. Claims against a public health care provider may also fall under the Texas Tort Claims Act, which generally requires notice within six months and limits damages. This is general information, not legal advice, so talk with a lawyer early about which rules apply to you.

Compensation You May Be Able to Recover

Depending on the facts and the type of claim, damages may include:

•      Past and future medical care, including corrective surgery and long-term treatment

•      Lost income and reduced ability to work

•      Physical pain, mental anguish and physical impairment

•      Disfigurement and loss of enjoyment of life

•      Losses to a spouse or family members

When a drug or medical error leads to a death, surviving spouses, children and parents may have a claim under the Texas Wrongful Death Act. Learn more from our Galveston wrongful death lawyer page. For life-changing harm, see our page on catastrophic injury claims.

Steps to Protect Your Claim

•      Keep all pill bottles, packaging, labels and device information cards

•      Request copies of your medical and pharmacy records

•      Write down when symptoms started and which providers you saw

•      Save any recall letters or notices from your doctor or pharmacy

•      Avoid signing releases or giving recorded statements to insurers before getting advice

Why Patients Choose The Daspit Law Firm

Founding attorney John Daspit worked as an insurance defense lawyer before he began representing injured people, so he understands how manufacturers, hospitals and their insurers approach these claims. He has also worked on complex litigation, including cases arising from the BP Texas City refinery explosion.

We handle injury cases on a contingency fee. Consultations are free and available around the clock, and we can visit you at home or in the hospital. Medical claims involve private information, and we treat every detail with care and confidentiality. When many people are harmed by the same product, we can also discuss whether a class action or mass tort applies.

Schedule a Free Medical Injury Consultation

Medical and pharmaceutical claims have strict deadlines and technical requirements, and the sooner we review your records, the more options you may have. Call (281) 748-2044 or request a free consultation online to talk with our Galveston team today.

Frequently Asked Questions

What is the difference between a pharmaceutical claim and medical malpractice?

A pharmaceutical or device claim targets the company that designed, made or marketed a dangerous product. Medical malpractice targets a doctor, hospital, pharmacy or other provider whose care fell below the accepted standard. Texas handles them under different laws, with different deadlines and procedures, and some cases involve both.

How long do I have to file a medical injury claim in Texas?

In most cases, two years. For product claims, the clock may start when you discovered the injury and its cause, and a 15-year statute of repose can apply. For medical negligence, the two years generally runs from the negligent act or the end of treatment, with a 10-year outer limit.

Are there caps on medical malpractice damages in Texas?

Yes. Chapter 74 caps noneconomic damages, such as pain and mental anguish, in health care liability claims. Economic damages, including medical expenses and lost wages, are not capped. Claims against government health care providers may have additional limits under the Texas Tort Claims Act.

Should I stop taking a drug I think is hurting me?

Talk to your doctor before you stop or change any medication, because stopping suddenly can be dangerous. Keep the bottle and packaging, ask for your records and write down your symptoms. Then call a lawyer to review whether a claim may exist.

Does it cost money to talk to your firm?

No. Consultations are free and confidential, and we are available 24/7 by phone, in our office, or at your home or hospital room if you cannot travel. If we accept your case, we work on a contingency fee, which means there is no attorney fee unless we recover compensation for you.