Winckler, Harvey & McConnell, LLP

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We Know Personal Injury,
and We Know Texas.

San Antonio Medical Malpractice Lawyers

San Antonio is a thriving city full of people and opportunity. Despite this, medical malpractice is still a threat in this community. Unfortunately, with the high volume of medical services provided, medical errors can occur, leading to medical malpractice claims.

At Winckler, Harvey & McConnell, LLP, our medical malpractice attorneys are committed to helping victims of medical negligence in San Antonio. We work tirelessly to help everyone in our community, but we cannot take on every case. For a free consultation, contact us by calling 512-593-7399 or emailing us here.

Cases Our San Antonio Medical Malpractice Attorneys Can Handle

Our experienced team is equipped to handle a wide range of medical malpractice claims, including:

Any of these injuries can have life-changing consequences for the patient and their family, and it is important to pursue the compensation they need to cover the costs and losses of their injuries.

Are Medical Malpractice And Medical Negligence Different?

While often used interchangeably, medical malpractice refers to a breach of the standard of care by medical professionals, resulting in harm. Medical negligence is a subset where the harm is due to careless actions or omissions.

How Long Do You Have To File A Medical Malpractice Claim In San Antonio?

In Texas, you have a limited time to file a medical malpractice claim. While there can be exceptions, most people have two years from the date of the accident or discovery of the injury to file a claim. We recommend contacting an experienced San Antonio medical malpractice lawyer for questions about your specific case.

What Damages Can You Recover From A San Antonio Medical Malpractice Case?

When a patient suffers harm because of medical negligence, the impact goes far beyond hospital bills. Victims and their families face physical pain, financial stress and emotional challenges that change daily life. Recovering damages in a San Antonio medical malpractice case helps provide support and accountability.

The types of damages available include the following:

  • Medical expenses: These cover the costs of hospital stays, surgeries, medications, therapy and any future treatment linked to the malpractice.
  • Lost income: If the injury prevents you from working, you may be compensated for lost wages and potential future earnings you can no longer earn.
  • Pain and suffering: This includes the physical pain endured and the emotional toll the malpractice has caused.
  • Loss of enjoyment of life: Some injuries leave permanent limitations, making it challenging to participate in activities once enjoyed.
  • Wrongful death damages: In tragic cases where malpractice leads to death, families may seek compensation for funeral costs, loss of companionship and financial support.

These damages require careful documentation and strong legal arguments to prove their value. An experienced San Antonio medical malpractice attorney can help ensure that no element of your recovery is overlooked.

Is There A Cap On Damages You Can Recover In A San Antonio Medical Malpractice Lawsuit?

Yes, Texas law caps noneconomic damages in medical malpractice cases at $250,000 per defendant, with a total cap of $500,000 for all health care providers. Our goal is to maximize the compensation you receive for your injuries.

What Makes Medical Malpractice Difficult To Prove In San Antonio, Texas?

Medical malpractice cases are rarely straightforward. Texas law sets a high bar for patients who are seeking justice. Under Chapter 74 of the Texas Civil Practice and Remedies Code, claimants must show that a medical professional made a mistake and that this mistake directly caused the injury.

The main challenge lies in meeting the burden of proof. This means the injured party must prove, with evidence leaning in your favor, that negligence occurred. Establishing this requires detailed medical records, expert witness testimony and a clear connection between the doctor’s actions and the harm suffered.

Courts in San Antonio carefully scrutinize these claims, and without strong supporting evidence, many cases fail to move forward. Medical malpractice law firms representing hospitals and insurance companies can argue that the injury could have happened despite proper medical care, making the process even more complex.

Because of these obstacles, working with skilled San Antonio medical malpractice lawyers is critical. Legal representation helps ensure that the evidence is gathered, medical experts are consulted and a strong case that meets Texas law requirements is built.

Do You Need A Medical Malpractice Lawyer In San Antonio, Texas?

Yes, it can be highly beneficial to work with a medical malpractice attorney in San Antonio. Medical malpractice cases can be very difficult to prove, so having an attorney to help you build your case and gather evidence can put you in the best possible position for success. You must demonstrate a duty of care, negligence breaching that duty and how this breach caused harm to you as a patient.

Additionally, this may be your first time going through a medical negligence case or suing a medical provider, so it can help to work with an attorney who understands the system and has been through it many times before. A medical malpractice law firm can help you with key factors such as understanding the statute of limitations, gathering medical records and other forms of evidence, communicating with expert medical witnesses and determining exactly what damages or types of compensation you can seek.

Why Hire A San Antonio Medical Malpractice Lawyer From Winckler, Harvey & McConnell, LLP?

There are many reasons to work with us for medical malpractice claims, where experience and legal skill are so critical. Some of the top reasons to choose our attorneys include:

  • We have been recognized on the Best Law Firms list since 2010.
  • Attorney Sean A. McConnell has been included on the Texas Super Lawyers Rising Stars list since 2020. He is also on the board for the Texas Trial Lawyers Association.
  • Attorney Jay Harvey is board-certified in personal injury trial law and has served as president of the Texas Trial Lawyers Association.
  • Founding attorney Jay Winckler has been recognized on the Best Lawyers list since 2009, and he is board-certified in personal injury trial law by the Texas Board of Legal Specialization.
  • Attorneys Sean McConnell and Jay Harvey have received a Gold AV peer-review rating* through Martindale-Hubbell.

Our team is experienced, dedicated to our clients and brings a track record of success to every case. We also work on contingency fees, which means that you pay nothing upfront and there is no financial risk. Instead, we get paid a percentage after we win your case.

San Antonio, Texas, Medical Malpractice Courts

Local courts that handle medical malpractice cases include:

  • Bexar County Courthouse
  • U.S. District Court for the Western District of Texas, San Antonio division

No matter where your claim goes, we will be there to represent you through every step of the resolution process.

Schedule Your Free Initial Consultation With A San Antonio Medical Malpractice Attorney Today

We offer free consultations to discuss your potential case and guide you through your legal options. Contact us by calling 512-593-7399 or emailing us here to schedule your free initial consultation today.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.