Medical Malpractice Lawyers in San Antonio, TX

What Counts as Medical Malpractice in Texas?

Under Texas law, medical malpractice happens when healthcare providers fail to deliver appropriate care, skip necessary treatment, or stray from established medical protocols in ways that cause patients harm. These cases are formally known as "health care liability claims" in the state's legal system.

To prove that your situation qualifies as medical malpractice, you’ll need to demonstrate four key facts:

• A doctor-patient relationship existed: The healthcare provider took responsibility for your care, which means they had a professional obligation to treat you properly.
• The provider made a mistake: The care you received fell short of what other competent medical professionals would have provided in the same situation.
• The mistake directly caused your injury: You wouldn't be dealing with your health problem if the provider had done their job correctly.
• You suffered actual losses: The mistake resulted in actual costs and other consequences, such as medical bills, time off work, or ongoing pain.

During your no-cost initial meeting with Leah Wise Law Firm, our attorneys will examine your health records and care timeline to assess whether the circumstances of your situation satisfy these requirements under Texas law.

Compensation Available in Medical Malpractice Cases

Medical negligence victims may recover multiple types of damages depending on their specific situations. Our personal injury lawyers are prepared to pursue maximum compensation to address both your immediate and long-term needs.

Texas Laws That May Affect Your Medical Malpractice Case

In Texas, medical malpractice claims are governed by special statutory provisions that impose unique procedural requirements beyond those applicable to general personal injury litigation. Here are a few key points to be aware of:

Statute of Limitations

Under Texas Civil Practice and Remedies Code § 74.251 Subchapter F, medical malpractice claims must be filed within two years from the date the injury occurred or was discovered. The statute includes exceptions for minors and cases involving fraudulent concealment by healthcare providers.

Missing this deadline typically results in permanent dismissal of your claim, regardless of its merits.

Expert Report Requirement

Texas law mandates that plaintiffs submit a comprehensive expert report within 120 days of the defendant’s filing an answer to the suit, as required by § 74.351.

This report must be prepared by a qualified medical professional who can establish the applicable standard of care, explain how the defendant's treatment deviated from that standard, and demonstrate the causal connection between the deviation and your injuries.

Damage Caps

Per § 74.301, Texas imposes strict caps on non-economic damages (pain and suffering, emotional distress, loss of companionship, etc.) in medical malpractice cases. The limits are $250,000 per healthcare institution and $250,000 per individual physician, with a total aggregate cap of $500,000 for all healthcare providers combined.

Importantly, economic damages (medical bills, lost wages, rehabilitation costs, etc.) have no limits under Texas law.