Find a medical malpractice lawyer in San Antonio: who treated you decides the rules

Texas generally allows 2 years to sue for medical negligence, after written notice at least 60 days before suit. In San Antonio, who treated you matters. University Health is a government body, so a 6-month notice applies. Claims against military or VA care are federal.

Last checked November 9, 2026 · Official sources (35)

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Road map of the South Texas Medical Center area of San Antonio showing Medical Drive and Merton Minter Boulevard
University Health claims can need notice within 6 months. Map data © OpenStreetMap contributors.

Does it matter which San Antonio hospital treated me?

It may matter more than anything else on this page. San Antonio has public, state, military, federal and private care in the same few miles, and each has its own path.

Where you were treatedWho it isWhat changes
University Hospital and University Health clinicsBexar County Hospital District, a government body6-month notice and limits of $100,000 per person
A doctor from UT Health San AntonioA separate organization whose faculty work at University HealthAsk who employed each doctor
Brooke Army Medical Center (BAMC)Department of DefenseWritten federal claim within 2 years
Audie L. Murphy VA Hospital, 7400 Merton MinterU.S. Department of Veterans AffairsWritten federal claim within 2 years
A federally funded clinicMay count as federalAn administrative claim comes before suit
A private hospital or officePrivateTexas Chapter 74 rules, below

Claims against government care are limited to certain situations, such as a condition or use of tangible property. A pure error in judgment may not qualify. Rules for active-duty service members are different and are not covered here.

What are the steps to file a medical malpractice claim in San Antonio?

  1. Ask for your full chart. University Health's records line is 210-358-3532, and requests can go to 4502 Medical Drive. A San Antonio hospital or clinic has 30 days to act on your request.
  2. Write down every provider's name and who employed them.
  3. If a public body or federal agency is involved, send its notice or claim first.
  4. For a private provider, send written notice at least 60 days before suing, with the medical release form the law requires. Notice done correctly gives you 75 extra days to file.
  5. File suit within 2 years of the care or the end of treatment, and in all cases within 10 years.
  6. Your expert report must be served within 120 days after each defendant files an answer. If you miss it, the case is dismissed and cannot be refiled.

That expert step makes these cases expensive. Many lawyers turn down cases where the harm is small. Asking early gives you time to look further if one lawyer says no.

How much can I get in a Texas malpractice case in San Antonio?

No one can promise an amount. Texas does limit part of it. Your medical bills and lost pay are treated differently from pain and suffering.

  • Pain and suffering against doctors: $250,000 per claimant for all doctors combined.
  • Against hospitals: $500,000 per claimant for all institutions combined.
  • Death cases: a $500,000 base limit on all damages, adjusted for inflation.
  • Emergency care: you must prove willful and wanton negligence. This matters here, since University Hospital is a Level I trauma center and many people arrive through its emergency room.
  • Medicare must be repaid from the settlement for what it paid.

How do I file a complaint against a San Antonio doctor or hospital?

Filing a complaint is a different step from suing, and it does not pause your deadline. It can still protect others.

  • Doctors: the Texas Medical Board takes complaints at 800-201-9353. State law does not allow anonymous complaints.
  • Hospitals: the state's San Antonio health facility compliance office covers Bexar County.

Under Texas law a hospital may dispose of records after 10 years, so old care is hard to prove.

What if a family member died after medical care in San Antonio?

We are sorry for your loss. Ask the hospital in writing for the chart. The Bexar County Medical Examiner's office looks into sudden and unexpected deaths, and families with questions can call 210-335-4011. An autopsy report costs $25, or $35 if certified. Your family's claim may be under Chapter 74 even though a death claim normally has its own rule, so ask a lawyer early.

Where is a medical malpractice lawsuit filed in San Antonio?

Injury suits in the Bexar County district courts are filed through the District Clerk's Civil Operations Division, 101 W. Nueva, Suite 217, 210-335-2113. Federal claims go to the agency first and then to federal court.

Questions

How long do I have to sue for medical malpractice in Texas?

Usually 2 years from the care or the end of treatment, with a 10-year outer limit.

Is University Hospital a government hospital?

Yes. University Health is officially the Bexar County Hospital District.

Can I sue BAMC or the VA in San Antonio?

To claim against a federal hospital, you present the claim in writing within 2 years. Rules for active-duty members differ.

Do I need an expert for a Texas malpractice case?

Yes. The report is due 120 days after each defendant files an answer.

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Sources (35)

  1. Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed”
  2. Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
  3. University Health, About Us, checked 2026-11-09. “we are officially the Bexar County Hospital District. While Bexar County is in our name, we are a separate governmental entity and a political subdivision of the State of Texas.”
  4. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  5. 28 U.S.C. 2401(b), checked 2026-11-09. “presented in writing to the appropriate Federal agency within two years after such claim accrues”
  6. University Health, Frequently Asked Questions, checked 2026-11-09. “University Health and UT Health San Antonio are separate organizations.”
  7. 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
  8. Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “not later than the 120th day after the date each defendant's original answer is filed”
  9. Texas Civ. Prac. & Rem. Code 101.023, checked 2026-11-09. “$100,000 for each person and $300,000 for each single occurrence for bodily injury or death”
  10. University Health, Frequently Asked Questions, checked 2026-11-09. “UT Health San Antonio faculty physicians and resident physicians are among the clinicians providing care for patients at University Health hospitals and clinics.”
  11. U.S. Army, BAMC earns re-verification as Level I Trauma Center, checked 2026-11-09. “BAMC is the only Level I trauma center within the Department of Defense and one of two Level 1 trauma centers within San Antonio.”
  12. VA South Texas Health Care, Audie L. Murphy Memorial Veterans Hospital, checked 2026-11-09. “7400 Merton Minter Boulevard San Antonio, TX 78229-4404”
  13. HRSA FTCA Search Tool, checked 2026-11-09. “searches a listing of recipients of Health Center Program grant funding that have been deemed as PHS employees”
  14. HRSA, FTCA FAQ, checked 2026-11-09. “a claimant may not file suit before presenting an administrative claim”
  15. Texas Civ. Prac. & Rem. Code 101.021, checked 2026-11-09. “personal injury and death so caused by a condition or use of tangible personal or real property”
  16. University Health, Medical Records, checked 2026-11-08. “For medical records, please call us at 210-358-3532”
  17. Texas Civ. Prac. & Rem. Code 74.052, checked 2026-11-09. “Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section.”
  18. Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice”
  19. Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “all claims must be brought within 10 years or they are time barred”
  20. Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “with prejudice to the refiling of the claim”
  21. Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians”
  22. Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $500,000 for each claimant”
  23. Texas Civ. Prac. & Rem. Code 74.303, checked 2026-11-09. “the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant”
  24. Texas Civ. Prac. & Rem. Code 74.153, checked 2026-11-09. “with willful and wanton negligence”
  25. University Health, Trauma Care, checked 2026-11-08. “verified by the American College of Surgeons as both a Level I trauma center and a Level I pediatric trauma center”
  26. CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
  27. Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “Call the Complaint Hotline (800-201-9353)”
  28. Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “State law prohibits anonymous complaints.”
  29. Texas HHS, Health Care Regulation Contact Information, checked 2026-11-09. “Regions 8/11 - HFC San Antonio Counties Served: Region 8: Atascosa, Bandera, Bexar”
  30. Texas Health & Safety Code 241.103, checked 2026-11-09. “on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital”
  31. Bexar County Medical Examiner's Office, checked 2026-11-08. “investigate the deaths of all individuals in Bexar County who die suddenly, violently, and unexpectedly”
  32. Bexar County Medical Examiner's Office, checked 2026-11-08. “please contact us directly at 210-335-4011”
  33. Bexar County Medical Examiner, Fee Schedule, checked 2026-11-08. “Reports (Autopsy & Toxicology in accordance with HS Title 8, Chapter 671.013 ©(1)) | $25.00 | | 1002 | Certified Reports | $35.00 |”
  34. Bexar County District Clerk, Administration, checked 2026-11-08. “accepts all new suits and subsequent filings for civil”
  35. Bexar County District Clerk, Administration, checked 2026-11-08. “Paul Elizondo Tower 101 W Nueva, Suite 217”

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