1. Kemmy Law Firm, P.C.
Focus Area: Medical malpractice, nursing home abuse and neglect, and catastrophic injury cases requiring significant damages
Practice Areas: Medical malpractice, nursing home negligence, surgical errors, misdiagnosis, medication errors, hospital negligence, wrongful death
Background: Tom Kemmy has practiced injury law since 1986 and is a Board Certified trial lawyer by the Texas Board of Legal Specialization. The firm operates as a family practice with Nicholas Kemmy and Jacob Kemmy serving as former prosecutors for Bexar County who have tried dozens of cases to juries. Ben Kemmy has first-chaired civil jury trials across Texas. The firm fronts all case expenses including expert costs and has secured notable verdicts including a $19.4 million jury verdict in a wrongful death case at an assisted living facility and an $8 million recovery for a college student who suffered brain injury.
Location: San Antonio, Texas
Contact: (210) 750-1019 | https://www.kemmylawfirm.com/
Consultation: Free consultation; contingency fee basis with no fee unless successful
2. Maloney Law Group, P.L.L.C.
Focus Area: Birth injuries involving hypoxic-ischemic encephalopathy, surgical negligence, and medical errors causing serious permanent injury
Practice Areas: Medical malpractice, birth injuries, brain injuries, surgical errors, misdiagnosis, delayed diagnosis, medication errors, hospital negligence
Background: Maloney Law Group concentrates on medical malpractice, birth injury, and personal injury litigation in San Antonio and throughout Texas. The firm has secured significant recoveries including a $14,133,141 medical malpractice settlement involving serious injury (2025), multiple birth injury settlements exceeding $7 million for cases involving hypoxic-ischemic encephalopathy, and a $7.3 million recovery for negligence during childbirth causing brain injury (2025). The attorneys are experienced trial lawyers who prepare cases for trial even when settlement is likely.
Location: San Antonio, Texas
Contact: (210) 361-2997 | https://www.maloneylawgroup.com/
Consultation: Free initial consultation; contingency fee basis
3. Snapka Law Firm, Injury & Malpractice Lawyers
Focus Area: Complex medical malpractice cases including surgical errors, diagnostic failures, and prescription medication errors
Practice Areas: Medical malpractice, surgical errors, misdiagnosis, hospital negligence, medication errors, healthcare negligence, wrongful death
Background: The Snapka Law Firm concentrates primarily on medical malpractice cases, unlike many personal injury firms that refer such cases out due to their complexity. The firm has won hundreds of cases for clients across Texas, including San Antonio, Corpus Christi, and Harlingen. The firm has established a reputation among the medical community and insurance companies as skilled and tenacious trial lawyers, which often results in more favorable settlement offers. The attorneys possess extensive medical and legal knowledge necessary for Texas malpractice litigation.
Location: San Antonio, Texas (with offices in Corpus Christi and Harlingen)
Contact: (210) 361-6885 | https://www.snapkalaw.com/
Consultation: Free case review; contingency fee basis (no fee unless successful)
4. Janicek Law
Focus Area: Hospital negligence, surgical malpractice, and medical errors requiring substantial damages to justify litigation costs
Practice Areas: Medical malpractice, hospital negligence, nursing home abuse, surgical errors, diagnostic errors, medication mistakes, wrongful death
Background: Janicek Law has extensive experience with medical negligence cases and has helped victims of negligent care recover substantial compensation in the San Antonio area. The firm serves clients throughout Central and South Texas and coordinates with medical experts and other expert witnesses to strengthen medical malpractice cases. The attorneys understand that medical malpractice cases in Texas are notoriously difficult due to state laws that favor the medical industry, and they provide thorough investigation and preparation for each case.
Location: San Antonio, Texas
Contact: (210) 366-4949 | https://www.janiceklaw.com/
Consultation: Free consultation; contingency fee basis
5. Winckler, Harvey & McConnell
Focus Area: Medical malpractice defense claims requiring strong evidence, surgical complications, and emergency medicine negligence
Practice Areas: Medical malpractice, hospital negligence, surgical errors, emergency room malpractice, birth injuries, diagnostic errors, wrongful death
Background: The firm has 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 and serves 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 is Board Certified in personal injury trial law. Attorneys Sean McConnell and Jay Harvey have received a Gold AV peer-review rating through Martindale-Hubbell.
Location: San Antonio, Texas
Contact: Contact via website | https://www.wincklerharvey.com/
Consultation: Free consultation available
Medical Malpractice Laws in Texas
Statute of Limitations
Texas law requires medical malpractice lawsuits to be filed within two years from the date of the alleged malpractice or from the end of a continuous course of treatment. A 10-year statute of repose applies, meaning no claim may be filed more than 10 years after the negligent act occurred, regardless of when the injury was discovered. For children under 12 years of age who are injured by medical negligence, a lawsuit may be filed until the child’s 14th birthday.
Pre-Suit Notice Requirement
Before filing a medical malpractice lawsuit in Texas, the plaintiff must provide written notice of the claim to each healthcare provider to be named in the lawsuit at least 60 days before filing. This notice must be sent via certified mail with return receipt requested. Along with the notice, the plaintiff must provide an authorization form for release of protected health information so providers can investigate the claims.
Expert Report Requirement
Within 120 days of filing a medical malpractice lawsuit in Texas, the plaintiff must serve an expert report on each defendant. This report must be prepared by a qualified medical professional and must identify the standard of care, how the provider breached that standard, and how the breach caused the patient’s injuries. Failure to timely serve the expert report can result in dismissal of the case and an award of attorney fees and costs to the defendant.
Damage Caps
Texas imposes statutory caps on non-economic damages in medical malpractice cases. For claims against physicians and healthcare providers, non-economic damages are capped at $250,000 per claimant. For claims against healthcare institutions (hospitals, nursing homes, clinics), there is a cap of $250,000 per institution with a total cap of $500,000 for all healthcare institutions combined. These caps do not apply to economic damages such as medical expenses, lost wages, and loss of earning capacity, which have no statutory limit. In wrongful death cases involving medical malpractice, different caps may apply.
Standard of Care
Texas requires proof that the healthcare provider failed to meet the accepted standard of care for a reasonably prudent healthcare provider in the same specialty under the same or similar circumstances. This standard must be established through expert testimony from a qualified medical professional.
Comparative Negligence
Texas follows a modified comparative negligence rule. A plaintiff who is found to be more than 50% responsible for their own injuries is barred from any recovery. If the plaintiff is 50% or less at fault, their recovery is reduced by their percentage of responsibility.
Vicarious Liability
Healthcare institutions in Texas may be held vicariously liable for the negligent actions of their employees. However, independent contractor physicians are generally not employees of hospitals, which can affect liability determination.
Informed Consent
Texas recognizes claims for failure to obtain informed consent. Healthcare providers must disclose the risks, benefits, and alternatives to proposed treatments. Failure to adequately inform patients may constitute a basis for a malpractice claim.
Frequently Asked Questions
Why is it difficult to find attorneys willing to take medical malpractice cases in Texas?
Texas medical malpractice laws passed in 2003 (House Bill 4) created significant hurdles including the 60-day pre-suit notice, mandatory expert reports within 120 days, and caps on non-economic damages. These requirements make cases expensive to prosecute (often $100,000 or more in expert fees and costs) while limiting potential recovery. Many attorneys in San Antonio and throughout Texas only accept cases involving substantial economic damages or permanent catastrophic injuries to justify the litigation investment.
What role do medical experts play in San Antonio medical malpractice cases?
Medical experts are essential in Texas malpractice cases. The mandatory expert report required within 120 days must come from a qualified physician or healthcare provider who practices in the same specialty as the defendant. This expert must review records, identify the standard of care violation, and explain how the breach caused injury. During litigation, experts provide deposition testimony and may testify at trial. Without qualified experts willing to testify, a medical malpractice case cannot proceed in Texas.
Can I sue military or VA medical facilities in San Antonio for malpractice?
San Antonio is home to Brooke Army Medical Center (BAMC) and the South Texas Veterans Health Care System. Claims against military or VA healthcare providers must be filed under the Federal Tort Claims Act (FTCA), which requires filing an administrative claim with the appropriate federal agency before a lawsuit can be filed. The FTCA has different procedures and deadlines than Texas state law, and Texas damage caps do not apply to federal claims.
How do the damage caps affect birth injury cases in San Antonio?
Birth injury cases in San Antonio are significantly impacted by Texas damage caps. Even in cases of severe hypoxic-ischemic encephalopathy or cerebral palsy, non-economic damages are limited to $250,000 per defendant physician and $500,000 total for healthcare institutions. However, economic damages including lifetime medical care, therapy, special education, assistive devices, and lost earning capacity are not capped. Experienced attorneys focus on documenting comprehensive lifetime economic damages to maximize recovery for injured children and families.
What should I do if I suspect medical malpractice at a San Antonio hospital?
First, request complete copies of all medical records immediately. Document your symptoms and any statements made by healthcare providers. Seek a second medical opinion from an unrelated physician. Contact a medical malpractice attorney promptly because the 60-day pre-suit notice requirement and 2-year statute of limitations create strict deadlines. Do not discuss the potential case on social media or sign any documents from the hospital’s risk management department without legal advice.