Medical Malpractice Lawyer in San Antonio

Under Texas Civil Practice and Remedies Code §74.001, a health care liability claim (“medical malpractice”) is a cause of action against a healthcare provider when treatment, lack thereof, or other departure from accepted standards of care results in injury or death to a patient. Because these cases are complex and heavily defended, having an experienced medical malpractice lawyer in San Antonio is essential to protect your rights and pursue fair compensation.

Hella standing up with her hand on Tyler's back while hes sits

Standing Strong for Victims of Medical Negligence

Medical malpractice cases are among the most complex claims in Texas. When healthcare providers fail to protect patients, the harm can be devastating. With decades of combined trial experience, Tyler and Hella Scheuerman are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by fewer than 1.5% of attorneys statewide. They bring unmatched courtroom skill and deep medical-legal insight to fight for patients and families harmed by negligent healthcare providers.

How Is Medical Malpractice Defined?

Medical malpractice occurs when a healthcare professional fails to provide the level of care that a reasonably competent provider in the same field would have delivered under similar circumstances—and that failure causes injury or death.

The Unfair Battle of Texas Tort Reform

In 2003, the Texas Legislature passed House Bill 4, enacting sweeping medical liability reforms that imposed caps on non‑economic damages in medical malpractice cases—specifically, $250,000 per physician or facility, and up to $500,000 combined when multiple facilities are involved. These caps were enshrined in law even though previous attempts at limitations had been consistently declared unconstitutional.

The result has been a deeply unbalanced system:
While healthcare providers and insurers benefit from predictable, limited liability, seriously injured patients and families now face stringent barriers to fair compensation—or no recourse at all
Critics argue these caps remove juries' ability to award just compensation for pain, suffering, and other non‑quantifiable losses

Common Medical Malpractice Claims in San Antonio

Birth Injuries: Injuries during labor/delivery affecting mother or child.
Misdiagnosis/Delayed Diagnosis: Worsening conditions or lost treatment opportunities.
Anesthesia Errors: Incorrect dosages or monitoring failures.
Surgical Errors: Operating on the wrong site, infections, and organ damage.
Foreign Objects Left Behind: Tools or sponges retained post-surgery.
Hospital Negligence: Unsafe practices or understaffed facilities.
Nursing Errors: Medication mistakes, inadequate supervision.
Wrongful Death: Fatal outcomes of medical negligence.

What Should I Do if I Suspect Medical Malpractice?

Get medical attention right away to protect your health or your loved one’s safety
Secure and preserve all medical records that may be used to identify evidence of negligence
Write down what happened, including dates, provider names, and a clear timeline
Do not sign anything from the hospital or an insurance company before speaking with us, as their goal is to limit liability, not protect your rights
Call Scheuerman Law Firm immediately

What to Know About the Process of Filing a Medical Malpractice Claim

Under the Texas Civil Practice & Remedies Code §74.351:

A plaintiff must serve each defendant with an expert report from a qualified physician within 120 days of filing suit
The report should detail the standard of care, the breach, and how it caused the patient’s injuries
If the plaintiff fails to provide an adequate report by the deadline, the court will dismiss the case with prejudice and may require payment of the defendant’s attorney’s fees and costs
This requirement makes malpractice cases particularly challenging, even when negligence is evident

Other procedural hurdles include:

Damage caps on non-economic damages (pain, suffering, mental anguish), which are limited to $250,000 per physician or facility, with a $500,000 overall cap when multiple facilities are involved (Texas Civil Practice & Remedies Code §74.301)
The statute of limitations, generally two years from the date of the malpractice or the end of continuous treatment, with limited exceptions for minors or cases involving fraud (Texas Civil Practice & Remedies Code §74.251)
The burden of expert testimony, which is essential for establishing both the standard of care and causation
Without strong expert support, even a case with devastating injuries may not survive early dismissal

Because of these complex rules, many valid claims never reach a jury unless handled by attorneys who understand the legal and medical dimensions of malpractice litigation.

Recoverable Damages in Texas Medical Malpractice Cases

Economic Damages

These are the measurable financial losses you and your family have incurred, such as:

Past and future medical expenses, including hospital bills, rehabilitation, medications, home health care, and ongoing treatment
Lost wages and loss of earning capacity, including income already lost, and the diminished ability to work in the future
Out-of-pocket costs, including transportation to medical visits, home modifications, and related needs

Non-Economic Damages

These address the human suffering that cannot be measured on a balance sheet, such as:

Pain and suffering
Mental anguish
Physical impairment or disfigurement
Loss of consortium, which is the loss of love, support, and companionship within a family

Remember, in Texas, non-economic damages are capped. Importantly, there is no cap on economic damages, meaning you can fully pursue your medical bills, lost earnings, and other financial losses.

Wrongful Death Damages

When malpractice results in loss of life, surviving family members may also pursue damages for:

Funeral and burial expenses
Loss of financial support
Loss of companionship and guidance
Emotional anguish suffered by surviving relatives

Hella and Tyler with other attorneys sitting at table

Why Trust Scheuerman Law Firm, PLLC, With Your Medical Malpractice Case in San Antonio?

Families dealing with medical negligence need advocates who know how hospitals and insurers defend these cases—and how to fight back.

Tyler Scheuerman brings unique insight as a former defense attorney for hospitals and physicians, giving him insider knowledge of the strategies insurers use to delay or deny claims. He now uses that experience exclusively for patients, anticipating defense tactics before they arise. Hella Scheuerman is a recognized trial lawyer who has secured one of the Top 50 personal injury verdicts in Texas and tried more than 50 jury cases to verdict, proving her ability to take on powerful institutions in court.

Unlike firms that handle cases in bulk, Scheuerman Law Firm takes on a select number of clients, providing the focused attention complex malpractice claims require. Clients work directly with Tyler and Hella—not just staff—and benefit from their hands-on advocacy. We are also proud to serve San Antonio’s diverse community in English and Spanish, ensuring every family can access justice without barriers.

Medical Malpractice FAQs

Who can be held liable?

Doctors, nurses, hospitals, anesthesiologists, pharmacists, and other licensed professionals may be responsible if their negligence caused harm.

Can a telemedicine provider be held liable?

Yes. Telemedicine providers are held to the same standard of care as in-person providers.

How does informed consent impact a claim?

You may have a claim if you weren't properly informed of the risks and alternatives and suffered an undisclosed complication.

What’s the statute of limitations in Texas?

Typically, two years from the date of the injury or from the end of continuous treatment. There are exceptions for minors and fraud.

How much is my case worth?

Value hinges on injury severity, economic losses, non-economic damages, and Texas’s statutory caps.

Will my case go to trial?

Most settle, but we prepare each case as though it's going to trial to strengthen your negotiating position.

How long does it take to settle a claim?

Complexity, expert reviews, and litigation timelines mean cases may take months or years.

If I were given an incorrect prescription, do I have a claim?

Yes, if the error caused harm, a claim may be valid against the prescriber, the pharmacist, or both.

The Experience and Resolve Texas Patients Deserve

If you or a loved one has suffered due to medical negligence, you deserve a team that is fearless, focused, and ready to fight—with the battlefield insight that only board-certified trial attorneys like ours can bring.

Scheuerman Law Firm, PLLC, is the product of insider knowledge, proven trial results, and a reputation for compassionately guiding injured patients and their families through the most challenging battles of their lives. Contact us today for a confidential consultation with a medical malpractice attorney in San Antonio.

woman holding babies head while its in her lap

Birth Injuries

The birth of a child is a joyous occasion, but sometimes, things can go wrong due to medical negligence.

Hella speaking to client while they look at a big book

Misdiagnosis

Misdiagnosis is a leading cause of medical malpractice claims in Texas and throughout the nation.

Anesthesia Errors

Anesthesia is essential for many medical procedures. Although it has become safer over the years due to advancements in medicine and technology, errors still occur, leading to severe or life-threatening complications.

Surgical Errors

When a surgical procedure goes wrong, it can have devastating consequences for a patient. Surgical errors can lead to infection, bleeding, tissue damage, organ damage, and death.

Foreign Objects

Leaving a foreign object in a patient’s body after surgery is one of the most alarming types of medical negligence.

Woman standing over casket putting flower on it

Wrongful Death

The sudden death of a loved one is a tragic loss—even more devastating when the death was the result of an act of negligence by a medical professional.

person holding another's hand while they lay in hospital bed

Brain Injury

Injury to the brain caused by medical malpractice can have life-altering consequences for patients and their families. This type of injury can result from various kinds of medical errors.

Tyler and Hella speaking to client together

Hospital Negligence

Hospitals should be places of safety and healing for those who are injured or ill. Patients expect to receive attentive, competent treatment, but unfortunately, this is not always the case.

Nursing Errors

Nurses play a critical role in patient care in hospitals and healthcare facilities. Generally, these medical professionals are the primary point of contact for patients and their families.