1100 N.W. Loop 410, Suite 365
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774
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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation
of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
Not certified by the Texas Board of Legal Specialization.
Copyright © 2008  The Báez Law Firm, P.C. All Rights Reserved!
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care
provider violates the governing standard of care when providing treatment to a patient, causing
the patient to suffer an injury. Medical malpractice can result from an action taken by the
medical practitioner, or by the failure to take a medically appropriate action. Examples of
medical malpractice include:Misdiagnosis of, or failure to diagnose , a disease or medical
condition; Failure to provide appropriate treatment for a medical condition;
Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible
licensed health care provider, including doctors, counselors, psychologists and
psychotherapists.

Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00.
Total liability for any one health care facility may not exceed $250,000.00, and total liability
for all defendant health care facilities may not exceed $500,000.00. This creates an effective
overall damages cap of $750,000.00.

Under the collateral source rule, a defendant may not seek to reduce its liability by introducing
evidence that the plaintiff has received compensation from other sources, such as the plaintiff's
own insurance coverage.A medical expert witness must be a licensed physician who is
practicing medicine and/or has knowledge of the standards of practice relevant to the claims
against the defendant.

Medical malpractice actions must be commenced within two years of the act or omission giving
rise to the injury, but not more than ten years after that date. For injuries to minors below the
age of twelve, a malpractice suit must be commenced by the date of the minor's fourteenth
birthday.

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be
fiercely defended by well-funded defense firms. Medical malpractice lawsuits can be
exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the
technical skills involved in prosecuting a malpractice claim, the possibility that an
inexperienced lawyer may not be sufficiently conversant with the medical issues, or might
make a technical error which causes a case to be lost or dismissed, and the very high costs the
malpractice law firm typically must advance, an injured patient is very well served by going
with a specialist firm.
Medical Malpractice
THE BAEZ LAW FIRM, P.C.
"We Care About Your Legal Needs"
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PHYSICAL LOCATION:
1100 N.W. Loop 410, Suite 365
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774
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