Yes, a nurse practitioner can be held liable for medical malpractice in Texas when their care falls below the applicable standard of care and causes harm to a patient. The specific duties involved depend on the care they were providing, but a malpractice claim generally requires showing the nurse practitioner’s actions or failure to act contributed to the patient’s injury.
The nurse practitioner may not be the only party whose actions need to be examined. Depending on the circumstances, a supervising physician, medical practice, or hospital may also bear responsibility. At Davis & Davis, our attorneys bring nearly 70 years of combined experience to claims involving medical providers, including nursing errors, and can review how each provider’s actions may have contributed to an injury.
What Does a Nurse Practitioner Do in Texas
Nurse practitioners are advanced practice registered nurses who can take on responsibilities beyond those of a registered nurse. Depending on their certification and practice setting, their role may include evaluating patients, diagnosing conditions, ordering and interpreting tests, developing treatment plans, and prescribing certain medications.
Those responsibilities matter in a malpractice case because the care provided has to be evaluated in the context of what the nurse practitioner was qualified and authorized to do. An error in diagnosing a condition, ordering the appropriate test, prescribing medication, or recognizing when a patient needs additional care may raise different questions than an error made by another member of the healthcare team.
When Can a Nurse Practitioner Be Held Directly Liable
A nurse practitioner may be held directly liable when their own actions fall below the accepted standard of care and cause harm. This includes missing signs of a serious condition, ordering the wrong test, prescribing an inappropriate medication, or failing to escalate care when a case exceeds their scope of practice. Common examples of nurse practitioner negligence include the following:
- Missing symptoms of a heart attack, stroke, or infection
- Ordering the wrong diagnostic test or misreading test results
- Prescribing a medication with a dangerous interaction
- Failing to refer a patient to a physician for further evaluation when a condition is beyond their scope of practice
These types of errors can contribute to delayed treatment, worsening of the condition, or another preventable injury. If you believe an error by a nurse practitioner contributed to your injury, a Houston-area medical malpractice lawyer can review the circumstances and determine if the care you received may support a malpractice claim.
How a Supervising Physician May Share Responsibility
In many settings, a nurse practitioner works under a collaborative agreement with a supervising physician who oversees certain aspects of patient care. When a nurse practitioner’s negligence occurs within this working relationship, the supervising physician, the hospital, or the medical practice employing the nurse practitioner may also share liability for any resulting hospital error.
More than one party may be responsible, so a malpractice claim involving a nurse practitioner often calls for a careful review of medical records, employment agreements, and hospital policies. Sorting out these relationships is something our attorneys, including Steven R. Davis, handle regularly and can make a real difference in your claim.
Proving a Nurse Practitioner Malpractice Claim in Texas
Texas law requires patients pursuing a medical malpractice claim to provide a report from a qualified medical professional early in the case. The report must address the applicable standard of care, how it was breached, and how the breach caused the patient’s injury. Failing to meet this requirement can result in dismissal, making the appropriate medical review an important part of building the case.
Identifying everyone whose care may have contributed to the injury is also important. A 2025 comparative analysis of malpractice claims involving nurse practitioners, physician associates, and physicians found higher average payments in claims involving multiple providers. Determining each provider’s role requires a close review of the medical record, including test results, treatment notes, referrals, and the timeline of care. This can be particularly important in diagnosis error claims, where understanding what information was available and how each provider responded to it can help show where the breakdown occurred.
Let Davis & Davis Review Your Nurse Practitioner Malpractice Claim
If you or a family member suffered an injury after receiving care from a nurse practitioner in Texas, you do not have to know exactly what went wrong before speaking with an attorney. Medical malpractice cases can involve several providers and decisions made at different points in your care, so understanding who may be responsible often starts with reviewing the full picture.
Davis & Davis can look at what happened, who was involved in your treatment, and how the decisions made during your care may have contributed to your injury. Contact us for a free consultation to discuss your experience and find out whether you may have grounds for a medical malpractice claim.
