When Medical Care Falls Below the Standard: Your Guide to Medical Malpractice Claims in San Antonio

Trust Betrayed in the Exam Room? We Hold Healthcare Providers Accountable for Preventable Harm.

We place our lives and well-being in the hands of medical professionals with the unwavering trust that they will provide competent, careful care. When a doctor, nurse, surgeon, or hospital fails to meet the accepted standard of care—and that failure causes injury, illness, or death—it is more than a mistake; it is a profound breach of trust with devastating consequences. The aftermath often leaves patients and families grappling with worsened medical conditions, overwhelming new disabilities, staggering medical debt, and a loss of faith in the very system meant to heal.

At Barton & Associates in San Antonio, Texas, we are dedicated to advocating for patients who have suffered due to medical negligence. Our experienced medical malpractice attorneys possess a deep understanding of both the complex medicine and the intricate Texas laws governing these high-stakes claims. We are committed to meticulously investigating substandard care, consulting with leading medical experts, and fighting aggressively to secure the compensation our clients need to rebuild their lives. If you suspect you or a loved one has been a victim of medical error, we are here to listen, evaluate, and guide you toward justice.

Understanding Medical Malpractice Law in Texas: A High Bar for a Critical Purpose

Medical malpractice occurs when a healthcare provider deviates from the “standard of care” in treating a patient, and that deviation directly causes an injury. The “standard of care” is legally defined as the level and type of care that a reasonably prudent and competent healthcare professional with similar training would have provided under the same or similar circumstances.

Texas law (primarily under the Texas Medical Liability Act) imposes specific, rigorous requirements on medical malpractice claims to filter out frivolous lawsuits while preserving the rights of legitimately injured patients. Understanding this framework is crucial:

• The Requirement of Expert Testimony: In almost every case, establishing the standard of care and how the defendant breached it requires a qualified expert witness—typically a licensed medical professional in the same field—to review the case and provide an opinion.
• The Pre-Suit Notice & Expert Report Requirement: Texas law mandates that before filing a lawsuit, a plaintiff must provide each potential defendant with a detailed notice of claim. Within 120 days of the defendant filing an answer to the lawsuit, the plaintiff must serve an expert report that summarizes the expert’s opinions on the standard of care, breach, and causation. Failure to meet these stringent procedural rules can result in immediate dismissal.
• Damages Caps: Texas law imposes a cap on non-economic damages (like pain and suffering, mental anguish, physical impairment) in medical malpractice cases against individual healthcare providers and healthcare institutions. These caps do not apply to economic damages (medical bills, lost wages). Navigating these caps requires strategic case evaluation.

At Barton & Associates, we have the resources and expertise to navigate this demanding legal landscape from the very first step, ensuring your claim is built on a solid, procedurally perfect foundation.

Common Types of Medical Malpractice Cases We Handle

Medical negligence can occur at any point in the healthcare journey, from diagnosis to treatment to post-operative care. Our San Antonio firm has extensive experience investigating and litigating a wide spectrum of failures in care:

Diagnostic Errors

• Failure to Diagnose: A physician overlooks or ignores symptoms, leading to a delayed or missed diagnosis of a serious condition like cancer, heart attack, stroke, or infection, allowing it to progress untreated.
• Misdiagnosis: Diagnosing a patient with the wrong condition, leading to unnecessary, harmful treatments while the real disease progresses (e.g., treating acid reflux for a heart condition).
• Delayed Diagnosis: Unnecessary delays in testing or referral that allow a treatable condition to become advanced, incurable, or fatal.

Surgical and Anesthesia Errors

• Wrong-Site/Wrong-Patient Surgery: Operating on the wrong body part, the wrong side of the body, or the wrong patient entirely.
• Surgical Mistakes: Damaging nerves, organs, or blood vessels during a procedure; leaving surgical instruments or sponges inside the body (retained foreign objects).
• Anesthesia Errors: Administering too much or too little anesthesia; failing to monitor vital signs during surgery; improper intubation leading to brain damage or death.

Medication and Pharmaceutical Errors

• Prescription Errors: Prescribing the wrong medication or incorrect dosage; failing to account for dangerous drug interactions or patient allergies.
• Administration Errors: Nurses or hospital staff giving medication to the wrong patient, via the wrong route, or at the wrong time.

Birth Injuries and Obstetrical Negligence

• Failure to Monitor Fetal Distress: Not properly interpreting fetal heart monitors, leading to preventable oxygen deprivation (hypoxia) and birth injuries like cerebral palsy or HIE (Hypoxic-Ischemic Encephalopathy).
• Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors causing skull fractures, nerve damage, or brain hemorrhages.
• Failure to Perform a Timely C-Section: Unjustified delays in performing an emergency cesarean section when the mother or baby is in distress.

Hospital-Acquired Infections and Sepsis

• Negligent Infection Control: Failure to maintain sterile environments, properly sterilize equipment, or follow hand hygiene protocols, leading to serious infections like MRSA or C. diff.
• Failure to Diagnose/Treat Sepsis: Not recognizing the signs of this life-threatening systemic infection in a timely manner, leading to septic shock, organ failure, or death.

Emergency Room Negligence

• Triage Errors: Failing to properly prioritize critically ill patients in a busy ER, leading to dangerous delays in treatment.
• Failure to Order Critical Tests: Discharging a patient without performing necessary diagnostic tests (e.g., CT scan for head trauma, blood tests for chest pain).

Nursing Home Neglect

(As detailed on our dedicated page, this overlaps significantly with medical malpractice when it involves failure to provide adequate medical care, manage medications, or prevent complications like bedsores and falls.)

The Devastating Impact: Why Medical Malpractice Claims Are Essential

Beyond the physical injury, victims of medical negligence face a cascade of hardships:

• Catastrophic Medical Bills: The cost of corrective surgeries, long-term rehabilitation, lifelong assisted care, and medications can be astronomical.
• Lost Earning Capacity: A severe disability may prevent a victim from returning to their profession, resulting in a massive loss of income and benefits over a lifetime.
• Profound Physical and Emotional Suffering: Chronic pain, disability, disfigurement, loss of independence, and the psychological trauma of a trusted system failing.
• Wrongful Death: Families are left with funeral costs, loss of financial support, and the immeasurable grief of a preventable loss.

A medical malpractice lawsuit is not about punishing honest mistakes. It is about achieving three critical goals: 1) Financial Justice to make the victim as whole as possible; 2) Accountability for providers and institutions that violated their duty; and 3) Systemic Change that incentivizes improved safety protocols to protect future patients.

The Barton & Associates Difference: A Meticulous, Expert-Driven Approach

Medical malpractice cases are among the most complex and fiercely defended areas of personal injury law. Healthcare providers are protected by powerful insurance companies and legal teams. Success demands an attorney with specific experience, significant resources, and unwavering tenacity.

1. Rigorous Case Screening: We begin with an in-depth consultation and a thorough review of your medical records. We are honest and selective, only taking cases where there is clear evidence of a deviation from the standard of care that caused significant harm.
2. Partnership with Premier Medical Experts: Before filing any lawsuit, we consult with board-certified physicians, surgeons, and specialists relevant to your case. Their preliminary analysis is the cornerstone of our strategy. They will later author the legally required expert report, providing the authoritative opinion needed to prove negligence.
3. Meticulous Investigation & Record Analysis: We obtain and scrutinize every page of your medical records, hospital policies, staff notes, and imaging studies. We look for inconsistencies, omissions, and evidence of a cover-up or altered records.
4. Strategic Navigation of Texas Procedural Hurdles: Our attorneys are adept at drafting the precise pre-suit notices and compliant expert reports required by Texas law. We understand the strict deadlines and procedural landmines that can derail an otherwise valid claim.
5. Calculating Full and Future Damages: We work with economists and life care planners to project the true lifetime cost of your injury—future medical needs, lost wages, home modifications, and required assistive care—ensuring our settlement demands or trial presentations reflect the complete financial impact.
6. Trial-Ready Resolve: While many cases settle during negotiation or mediation, we prepare every case for trial. Our reputation as formidable litigators in Bexar County courtrooms gives us the leverage needed to secure fair settlements, knowing we are fully prepared to present your case to a jury.

Texas Statute of Limitations: A Strict Deadline You Cannot Afford to Miss

Time is of the essence. In Texas, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the negligent act occurred or from the date the treatment that is the subject of the claim is completed (Texas Civil Practice & Remedies Code § 74.251). However, there is a limited “discovery rule” exception if the injury could not have been discovered within that two-year period. Given these complexities and the time needed for our investigation and expert review, it is imperative to contact an attorney as soon as you suspect malpractice.

Frequently Asked Questions About Medical Malpractice Claims

Q: Is a bad outcome the same as malpractice?
A: No. Medicine is not an exact science, and not every poor result is due to negligence. Malpractice requires proof that the care provided fell below the accepted medical standard and directly caused the harm.

Q: Can I sue a hospital for a doctor’s mistake?
A: Yes, under the legal principle of respondeat superior, a hospital can be held vicariously liable for the negligence of its employees (like staff doctors and nurses). Hospitals can also be directly liable for their own negligence, such as failing to properly credential physicians or maintain safe facilities.

Q: How much does it cost to hire your firm for a malpractice case?
A: We handle medical malpractice cases on a contingency fee basis. This means you pay no upfront costs or hourly fees. Our fee is a percentage of the compensation we recover for you. If we do not win, you owe us no attorney’s fees. We also advance all case costs (expert reviews, filing fees, etc.), which are reimbursed from the recovery.

Q: Will my case go to trial?
A: Most medical malpractice cases settle before reaching a courtroom. However, the willingness and ability to take a case to trial is essential for achieving a fair settlement. We prepare every case as if it will be tried, which maximizes its value in negotiations.

Q: What if my loved one died due to suspected medical negligence?
A: This is a wrongful death case based on medical malpractice. Eligible family members (spouse, children, parents) may file a lawsuit to seek damages for their own losses, including loss of companionship, mental anguish, and lost financial support.

Take the First Step Toward Accountability and Recovery

If you are living with the consequences of a medical error, you deserve answers and justice. The path is challenging, but you do not have to walk it alone. Let Barton & Associates provide the expertise, resources, and compassionate advocacy you need.

Contact our San Antonio medical malpractice lawyers today for a free, confidential case evaluation. We will review your medical records, consult with our network of experts, and give you a straightforward assessment of your legal options.

Call us at 210-500-0000 or complete our online contact form. Let us fight for the compensation you need to heal and move forward with your life. Serving injured patients and families throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Personal Injury
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000