Stroke Misdiagnosis Claims in San Antonio

Potential Compensation in a Texas Stroke Misdiagnosis Case

Compensation depends on the evidence, the patient’s injuries, the responsible parties, and the facts of the individual claim. No prior result determines what may happen in another matter. We obtained a $7,002,843 settlement in a medical malpractice case involving serious injuries, but every claim requires an independent evaluation.

Recoverable damages may fall into two main categories:

• Financial losses: Measurable costs such as medical expenses, rehabilitation, lost wages, and reduced earning capacity.
• Personal losses: Harm such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

Texas law limits damages for personal losses in health care liability lawsuits. Claims against a physician or health care provider other than a health care institution are generally capped at $250,000 per claimant, regardless of the number of defendant physicians or providers. Other statutory limits can apply when health care institutions are defendants.

Financial losses aren’t subject to that Texas cap. They must still be supported by evidence connecting the claimed loss to the malpractice and resulting injury.

Texas Filing Deadlines & Pre-Suit Requirements

A Texas medical malpractice lawsuit generally must be filed within two years of the alleged breach or the completion of the health care treatment at issue. Depending on the facts, this may mean two years from the date of harm or the end of the relevant course of treatment or hospital stay. Determining the correct starting date can require a detailed review of the medical timeline.

Texas also imposes a 10-year statute of repose, which generally bars health care liability claims filed more than 10 years after the act or omission, regardless of when the injury was discovered. Exceptions and special rules may affect certain claims, so a suspected delayed diagnosis should be evaluated promptly.

Notice & Medical Expert Reports

Before filing suit, a claimant generally must provide each health care provider with written notice at least 60 days in advance and include the authorization form required by Texas law. Proper notice can extend the limitations period by 75 days, but relying on that extension without legal review can create unnecessary risk.

After a lawsuit is filed, Texas law generally requires the claimant to serve a qualifying medical expert report within 120 days after each defendant files an answer. The report must address the applicable standard of care, how it was allegedly breached, and the causal relationship between that breach and the claimed injury. These requirements apply to health care liability claims, including qualifying stroke misdiagnosis cases, but their application depends on the allegations and parties involved.