San Antonio VA Lawyer
San Antonio VA Medical Malpractice Lawyers
The San Antonio VA malpractice lawyers at Janicek Law are dedicated to helping veterans and their families navigate the complexities of VA medical malpractice claims. Under the Federal Tort Claims Act, if a veteran suffers due to a negligent or wrongful act by a negligent federal government employee at a VA facility like Brooke Army Medical Center, they may be entitled to file a medical malpractice claim seeking monetary damages. Our experienced VA malpractice lawyers understand the intricacies involved in proving that a government department is liable for the harm caused, ensuring that you receive the compensation you deserve for the negligence endured.
If you have suffered due to a negligent federal government employee at Brooke Army Medical Center (BAMC), our experienced medical malpractice lawyers want to take on your case. Call our law firm today at 210-366-4949 to schedule a free consultation today.
Malpractice Claims at Brooke Army Medical Center (BAMC)
Brooke Army Medical Center (BAMC) in San Antonio, TX is one of the many VA hospitals across the nation. More specifically, BAMC is the Department of Defense’s largest VA medical facility and its only Level 1 Trauma Center.
Malpractice claims at Brooke Army Medical Center often involve instances where patients have suffered due to medical negligence or errors. This esteemed military medical facility is expected to uphold the highest standards of care, but when lapses occur, they can result in severe consequences for patients.
Common issues include misdiagnoses, surgical errors, medication mistakes, and inadequate treatment. Victims of such negligence may pursue legal action to seek compensation for their injuries, pain and suffering, and other damages.
Filing a malpractice claim against Brooke Army Medical Center requires navigating complex legal and military procedures, making it essential to have experienced legal representation to ensure justice and proper compensation.
FTCA Claims in San Antonio
There are many types of medical negligence that people can sue for. Listed below are the types of medical malpractice claims that our San Antonio VA malpractice lawyer team handles regularly.
- Failure to diagnose and medical misdiagnosis claims in San Antonio
- Medication error claims in San Antonio
- Brain injury claims in San Antonio
- Birth injury claims in San Antonio
- Surgical error claims in San Antonio
- Spinal cord injury claims in San Antonio
- Paralysis claims in San Antonio
- Anesthesia injury claims in San Antonio
- Wrongful death claims in San Antonio
Can You Sue the VA for Malpractice in Texas?
Yes, you can sue VA hospitals, clinics, and doctors for medical malpractice, especially if you can directly prove that their negligent or wrongful act caused your illness or injury.
Can You Sue the VA For Wrongful Death in Texas?
Yes, you can sue VA doctors, clinics, and hospitals for wrongful death if you can directly prove that their negligent or wrongful act caused wrongful death. While the deceased victim cannot file a lawsuit against a VA medical facility or doctor, surviving family members can sue the Department of Veterans Affairs on their behalf.
The San Antonio VA malpractice lawyers at Janicek Law have the skill and experience necessary to successfully litigate medical malpractice and wrongful death claims filed against the Federal Government.
What is the Federal Tort Claims Act (FTCA)?
The Federal Tort Claims Act (FTCA), passed in 1946, is a federal law that allows an injured person to file a lawsuit against a federal employee and/or entity. This means that an injured person (or the family member of a deceased person) could sue the VA system (a doctor, hospital, outpatient clinic, etc.) for medical malpractice.
What is a Negligent or Wrongful Act Under FTCA?
Under the Federal Tort Claims Act (FTCA), a negligent or wrongful act refers to an action or omission by a federal employee that breaches the medical standard of care expected in their professional duties, resulting in harm or injury. This could include medical errors, failure to diagnose, improper treatment, or any other conduct that deviates from the accepted practices and procedures in their field. For a valid claim to be successful under the FTCA, it must be demonstrated that the federal employee’s negligence directly caused the injury or harm experienced by the claimant.
FTCA vs. Section 1151
Section 1151 claims are very similar to federal tort claims. The U.S. Department of Veterans Affairs states the following under Section 1151:
“If you suffered an added disability – or your existing injury or disease got worse – while you were getting VA medical care or taking part in a VA program designed to help you find, get, or keep a job, you may be able to get compensation.”
The Federal Tort Claims Act (FTCA) is broader in scope compared to Section 1151. Under the FTCA, you can sue the VA for any negligent act that caused injury, illness, death, or financial loss, such as tripping on a broken staircase in a VA hospital. Section 1151, however, is limited to personal injury or wrongful death directly resulting from negligent care by a VA doctor or facility.
Financial compensation differs between the two. Section 1151 provides monthly disability compensation based on the impact on workability, while FTCA claims result in a lump-sum payment for overall pain, suffering, and economic loss. FTCA claims are more complex and harder to prove, requiring more documentation and evidence, making experienced legal representation crucial for both types of claims.
Can You Recover Damages from an FTCA Claim and a Section 1151 Claim?
Yes, you can file both types of claims and potentially receive benefits from both claims. A San Antonio VA medical malpractice lawyer at Janicek Law can help you determine if you have grounds to file one or both claims, depending on the specific facts of your case. Additionally, we can help you fill out all the necessary paperwork and prove that negligence occurred within the VA system.
It’s important to note that if you do recover compensation from both types of claims, it will be “offset” in order to prevent you from being compensated twice for the same injury. This means that you will not receive VA benefits until the total amount of benefits withheld by the VA adds up to the total amount of your FTCA settlement.
How to File an FTCA Claim in San Antonio
The San Antonio VA medical malpractice lawyers at Janicek Law will walk you through the entire claim filing process. But still, here is a general idea about how this process works.
The Federal Tort Claims Act (FTCA) process begins with filing a Standard Form 95 (SF-95) with the appropriate federal agency. This form must include a detailed account of the incident, the injuries sustained, and the amount of compensation sought. Along with the SF-95, it’s essential to provide supporting documentation, such as medical records, witness statements, and evidence of negligence.
Once submitted, the federal agency has six months to investigate and respond to your claim. They may either accept the claim and offer a settlement or deny it. If the agency denies your claim or provides an unsatisfactory settlement, you have the right to file a lawsuit in federal court.
Filing an FTCA claim is a complex process that requires careful attention to detail and a thorough understanding of federal procedures. Our VA malpractice lawyers in San Antonio are experienced in navigating the intricacies of the FTCA process. We assist clients in preparing comprehensive claims, gathering the necessary documentation, and providing strategic legal representation. Our goal is to maximize your compensation and ensure a smooth, efficient process, allowing you to focus on your recovery while we handle the legal complexities.
Our VA lawyers in San Antonio are adept at handling FTCA claims. We assist in meticulously preparing your claim, ensuring all necessary documentation and evidence are included. Our team provides strategic guidance throughout the investigation and, if needed, represents you in federal court. Our goal is to maximize your compensation and alleviate the stress of the legal process, allowing you to focus on recovery.
Compensation in Military Service Member Medical Malpractice Claims
The Department of Defense (DoD) has published a Final Rule in the Federal Register updating the medical malpractice claims process for Active-Duty Service members. This new rule eliminates the offset requirement for non-economic damages, ensuring Service members can now receive full compensation for pain and suffering, physical discomfort, and loss of enjoyment of life without deductions. Previously, any payments from the DoD and the Department of Veterans Affairs related to medical malpractice would offset the total claim amount.
Federal Tort Claims Act Statute of Limitations
The Federal Tort Claims Act (FTCA) has a statute of limitations that requires a claim to be filed within two years from the date the claimant becomes aware of the injury and its cause. If the claim is denied by the federal agency, the claimant has six months from the date of the denial to file a lawsuit in federal court. It’s crucial to adhere to these timelines to preserve the right to seek compensation under the FTCA.
San Antonio Military Medical Malpractice Lawyer
If you have received negligent care from a VA hospital in San Antonio – such as Brooke Army Medical Center (BAMC) – and you have suffered injuries, illness, death, financial loss, and/or significant emotional distress, you may have grounds to file a medical malpractice claim. Our VA medical negligence lawyers in San Antonio have the skill and experience necessary to help you recover a fair settlement on your behalf. Call 210-366-4949 to schedule a free consultation with our legal team today.S
Practice Areas
Multi-Million Dollar Results For Over 30 Years
Schedule a Free Consultation
![]()
Natasha Garza31 August 2026Trustindex verifies that the original source of the review is Google.
We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️![]()
Alex McWhirter18 August 2026Trustindex verifies that the original source of the review is Google.
We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!![]()
Heidi Soto8 August 2026Trustindex verifies that the original source of the review is Google.
Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.![]()
Lucy30 July 2026Trustindex verifies that the original source of the review is Google.
I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!![]()
Iris Contreras16 July 2026Trustindex verifies that the original source of the review is Google.
I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️![]()
Destiny Sanchez14 July 2026Trustindex verifies that the original source of the review is Google.
My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!![]()
Virginia-Ann Bernal8 July 2026Trustindex verifies that the original source of the review is Google.
After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal, Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect. Cassidy and Karen were absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier. The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process. I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!![]()
Corey Sil29 June 2026Trustindex verifies that the original source of the review is Google.
Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas![]()
Jasub Baez22 June 2026Trustindex verifies that the original source of the review is Google.
Good lawyers .![]()
Aldo Salinas10 June 2026Trustindex verifies that the original source of the review is Google.
I highly recommend the team at Janicek Law. From the very beginning, they provided outstanding legal service that was both professional and deeply compassionate. The entire staff is incredibly knowledgeable, and they made a complex process feel manageable and stress-free. It’s rare to find a firm that combines such high-level legal expertise with a genuinely friendly, client-focused approach. I am very grateful for their support and would choose them again without hesitation.![]()
Lee Escobar27 May 2026Trustindex verifies that the original source of the review is Google.
I had a great experience with Janicek Law. Attorney Phil Bernal and his assistant Karen were professional, caring, and attentive while handling my car accident injury case. They took good care of me and I’m very happy with the outcome. Highly recommend!![]()
Lilia Silvia Salinas22 May 2026Trustindex verifies that the original source of the review is Google.
Muy serviciales y apegados a las leyes, buen trato con los clientes. Muy recomendados.![]()
Adam Saucedo27 April 2026Trustindex verifies that the original source of the review is Google.
Appreciate all the help super friendly and always on top of things highly recommended Edit: 2026 another case won! And still very professional always there and supportive I can’t thank them enough! Give your business here![]()
Zina Tedford19 April 2026Trustindex verifies that the original source of the review is Google.
Janicek Law Firm did a fantastic job in closing my case. I would like to thank Nyssa Salas, Paralegal, for answering all of my questions and explaining everything as the case progressed. I will definitely recommend Janicek Law firm.![]()
Elizabeth Hindle9 April 2026Trustindex verifies that the original source of the review is Google.
The Attorney that represented me and his assistant that kept me informed of what was going on through the process were top notch. They were friendly, informative, professional and patient with my questions. I was very pleased with the entire process and enjoyed working with these people.![]()
Michelle Garcia7 April 2026Trustindex verifies that the original source of the review is Google.
I want give a great thank you to Gabby the paralegal for Andrew Skemp. I don’t know what I would have done without her and Andrew during the most difficult time in my life. They have guided me through this whole ordeal, have almost been upfront with me and always keeping me updated with any changes. I highly recommend them if your a looking for a legal team they are the ones to hire.![]()
Mont Smith7 April 2026Trustindex verifies that the original source of the review is Google.
I am pleased to say that I received very commendable services from the Janicek Law firm. In particular, Gaby was very responsive and assistive. Many thanks to the firm.![]()
Deborah Hanselka6 April 2026Trustindex verifies that the original source of the review is Google.
I would highly recommend Janicek Law firm. Gaby was very helpful and answered all of my questions promptly. Mr. Skemp worked very hard to get the job done and I’m very grateful for his time and dedication.![]()
Jonathon Hudson2 April 2026Trustindex verifies that the original source of the review is Google.
Cassidy and Mr. Bernal were extremely helpful with my case. Responded timely, did everything they said they would, and made me feel well taken care of. Recommending to all my friends.![]()
Melina Acosta25 March 2026Trustindex verifies that the original source of the review is Google.
Working with Nyssa and Cassidy has been the silver lining of a very stressful accident experience. From our first interaction, I felt reassured and confident that I had made the right choice in choosing a firm to represent me. Nyssa & Cassidy were highly compassionate, communicative, and knowledgeable throughout the entire process. Their advocacy ensured I could access the care I needed and receive the compensation I deserved. I am so grateful to these two and the entire team at Janicek Law for making my experience as stress-free and seamless as possible. I highly recommend this firm to anyone needing representation!![]()
Fatima-Breanna Diallo24 February 2026Trustindex verifies that the original source of the review is Google.
I had an excellent experience working with Janicek Law Firm and especially with attorney Joy Barrientes. After experiencing a serious medical malpractice case related to Stevens-Johnson Syndrome, I was overwhelmed and unsure of what to expect, but Joy guided me through every step with clarity, patience, and care. She took the time to explain the entire process in a way that made me feel informed and empowered. Most importantly, she fought for me and secured a settlement that exceeded my expectations. I am incredibly grateful for her dedication, professionalism, and compassion throughout this journey. I highly recommend Janicek Law Firm and Joy Barrientes to anyone in need of strong, thoughtful legal representation!![]()
Stormy Ellis23 February 2026Trustindex verifies that the original source of the review is Google.
I cannot say enough great things about Janicek Law. During one of the most difficult and stressful times for our family, Andrew and Gaby were incredibly supportive and professional. They were extremely communicative every step of the way, always keeping us informed and making sure we understood our options. What stood out the most was their honesty and transparency. They were upfront about everything, set clear expectations, and truly made us feel like we were in good hands. Their guidance and dedication gave us so much peace of mind. We couldn’t be happier with our experience with this law firm and are so grateful for all of their help. I highly recommend Janicek Law to anyone needing knowledgeable, compassionate, and trustworthy representation.![]()
Carol J Covarrubias19 February 2026Trustindex verifies that the original source of the review is Google.
Gabby, Joy Barrientes and Andrew Skemp worked above and beyond in getting the best settlement regarding my families case. We were kept updated on every step of our case during the months that it took to come to a fair settlement, their expertise in medical malpractice and nursing home cases was unapproachable with their knowledge, kindness and compassionate words following the death of our loved one.We would highly recommend Janicek Law Firm to any family that might need to be represented during a most difficult time. The Covarrubias Family![]()
Dolores Flores12 February 2026Trustindex verifies that the original source of the review is Google.
I had never been in a mva, which was the other parties fault,which totaled my car. Their insurance was less than favorable to handle my medical bills. This is where Janicek law came in to handle this difficult case being the other parties insurance was less than favorable in paying for all my needs . My case was mainly handled by Cassidy who was excellent and professional, worked hard to get me as much as possible to settle my case. I totally would recommend this law firm, I appreciate all the work Cassidy did for me. Thank you![]()
Gary Beltz3 February 2026Trustindex verifies that the original source of the review is Google.
Janicek Law handled my mother's case in an exemplary manner. I am very satisfied with the results they achieved.![]()
Samantha Rodriguez16 January 2026Trustindex verifies that the original source of the review is Google.
Everyone I worked with at this law firm was very knowledgeable, professional, and polite. They guided me through the whole process and made sure that I felt comfortable with everything that went on in the case. I would recommend this law firm to anybody who is seeking a lawyer for injuries or an auto accident. I worked with several people here and they were all amazing. Cassidy, Nyssa and Jacy really took care of me throughout.![]()
Linda Torres13 January 2026Trustindex verifies that the original source of the review is Google.
Let the pros at Janicek Law fight for you! Cassidy Muniz is a professional, organized and compassionate paralegal. Cassidy handled all of the paperwork and kept us updated throughout the process. Janicek Law can be trusted to work hard for you.![]()
ROCIO HURTADO23 December 2025Trustindex verifies that the original source of the review is Google.
Janice’s Law Firm was outstanding in both customer service and professionalism. They addressed my situation the very same day I called, listened carefully, provided clear advice, and immediately put me at ease. Mrs. Muñiz was amazing 🤩.![]()
Kamille Thames22 December 2025Trustindex verifies that the original source of the review is Google.
I’ve had the pleasure of interacting with Ethan Frazier from Janicek Law Firm, and he is incredibly professional, knowledgeable, and personable. It’s clear he takes pride in his work and truly cares about the people he helps. Janicek Law Firm is lucky to have someone like him on their team. Highly recommend!![]()
hallie mcclure22 December 2025Trustindex verifies that the original source of the review is Google.
Spoke with Ethan. Very professional and helpful.![]()
Nancy Duncan21 December 2025Trustindex verifies that the original source of the review is Google.
Our family had an excellent experience with Janicek Law. Knowledgeable, professional, caring. We highly recommend this firm!![]()
Jason Edwards!20 December 2025Trustindex verifies that the original source of the review is Google.
Cassidy at Janicek Law was extremely helpful and always on point. She was able to explain everything clearly and move things along in a timely manner after my back injury due to a car accident. The office is in the neighborhood and their easy way of doing business was very calming. I appreciate the professionalism of the service they performed. All legal obstacles were conquered. I would definitely recommend Janicek Law and will be calling on them again if needed . JASON W. EDWARDS![]()
Karen Chavez18 December 2025Trustindex verifies that the original source of the review is Google.
Nyssa and Joy are the most amazing part of this law firm!! So helpful, kind and knowledgeable. You will not regret working with either of them!![]()
John Lee16 December 2025Trustindex verifies that the original source of the review is Google.
The expertise at Janicek Law really stands out. Ethan Frazier’s knowledge and compassion set the tone, and the firm’s professionalism speaks for itself. He really takes the time to explain things clearly. I would recommend Janicek Law to anyone who is having a Personal Injury or Medical Malpractice issue.![]()
Shelly100214 December 2025Trustindex verifies that the original source of the review is Google.
Thank you for your hard work!![]()
Isela Gonzalez12 December 2025Trustindex verifies that the original source of the review is Google.
Took the best care on my case. Love working with them!![]()
Julia Flores11 December 2025Trustindex verifies that the original source of the review is Google.
I spoke with Bethany at Janicek Law Firm and she was incredibly kind, attentive, and professional. Even though I wasn’t a client, she took the time to answer my questions and point me in the right direction. I’d definitely recommend reaching out to her if you need guidance on personal injury or medical malpractice issues.![]()
Viral Ventures11 December 2025Trustindex verifies that the original source of the review is Google.
I recently contacted The Janicek Law Firm regarding some questions I had and guidance for moving forward. When I spoke with Bethany, I was treated as though I had been a long-time client. I also appreciated how knowledgeable she was in regards to my specific situation. Due to her professionalism over the telephone, I will call back should I need to move forward with my issue.![]()
Flumach Velmajean11 December 2025Trustindex verifies that the original source of the review is Google.
Janicek Law firm had a very knowledgeable staff. When I spoke to Bethany she assisted me with answering all my questions . She took the time to go the extra mile and let me vent. I highly recommend this law firm.![]()
Tanya Sisk11 December 2025Trustindex verifies that the original source of the review is Google.
I spoke with Bethany at Janicek law firm and she was very attentive and knowledgeable!! I'd personally recommend to anyone in need of a personal or medical malpractice attorney!