San Antonio Medical Misdiagnosis Attorney

Name: Janicek Law
Address: 1100 NE Interstate 410 Loop #600, San Antonio, Texas, 78209
Telephone: 210-366-4949

San Antonio Medical Misdiagnosis Claims

Unfortunately, modern medicine isn’t as perfect as we would like it to be. Even minor medical mistakes can result in serious injury and wrongful death. This leaves victims (or their family members) to endure a life of grief and never ending medical expenses. If you or a loved one has endured a situation like this, you need to file a personal injury claim with a medical misdiagnosis attorney at Janicek Law. Our law firm has decades of experience in fighting for the justice of those who’ve suffered at the hands of negligent doctors. Although it sounds stressful, a medical misdiagnosis lawsuit can give you and your family the closure and compensation you deserve. Call us today at 210-366-4949 for a free consultation.

What is Medical Misdiagnosis?

Medical misdiagnosis falls under the large umbrella of personal injury law and medical malpractice. Basically, medical misdiagnosis occurs when a physician fails to provide their patient with the correct diagnosis. As a result, their patient may suffer major illnesses or injuries because they either received no medical treatment or incorrect medical treatment. Tragically, some diagnostic errors result in wrongful death.

Types of Medical Misdiagnosis

There are many different types of misdiagnosis, all of which can cause serious illness or injury.

Incorrect Diagnosis

Incorrect diagnosis is just how it sounds: a doctor provided the wrong diagnosis to their patient. As a result, maybe the patient didn’t receive the proper treatment for their medical condition, or maybe they were told to take the wrong medications.

Missed Diagnosis

The doctor failed to diagnose the patient with any medical condition. In other words, they told the patient that they were completely healthy and sent them home. Failure to diagnose patients with any condition at all often results in the patient’s health rapidly deteriorating until they’re forced to see another doctor for proper treatment.

Delayed Diagnosis

The medical provider provides the correct diagnosis, but it takes them a long time to do so. Many patients who experience delayed diagnoses suffer horribly for months (or even years) before they receive proper medical care for their underlying condition.

All of the aforementioned medical misdiagnoses violate the medical standard of care that all medical providers should follow. If your doctor makes your illness or injury worse, contact a San Antonio medical misdiagnosis attorney today for a free case review.

How Do Diagnostic Errors Happen?

Medical mistakes, such as misdiagnosis, happen due to a variety of reasons. In fact, a study claims that the most common cause of diagnostic errors are knowledge-based failures and information transfer failures. In other words, doctors didn’t have enough knowledge about a specific medical condition, they used their knowledge incorrectly, or they didn’t receive a patient’s updated medical records in order to help them provide an accurate diagnosis. Other common causes of misdiagnosis include:

Ordering the wrong medical tests
Inability to accurately assess test results or scans
Incorrect test results either due to malfunctioning equipment or human error
General lack of knowledge and inexperience
Failure to follow up with a patient through more appointments or tests
A patient fails to describe their symptoms accurately or they leave out important pieces to their health story

How Often Does Medical Misdiagnosis Occur in the U.S.?

Unfortunately, misdiagnosis cases occur every day in the United States. According to a 2013 Johns Hopkins study, approximately 80,000 to 160,000 injuries and deaths occurred annually due to diagnostic errors between 1986 and 2010. So misdiagnosis caused approximately 1,920,000 to 3,840,000 injuries and deaths in only 24 years. Some medical professionals even claim that diagnostic errors are the biggest medical malpractice problem in the U.S.

Common Misdiagnosed Illnesses

According to a 2022 study from JAMA Network Open, the most common misdiagnosed illnesses and diseases in the U.S. (in order from most common to least common) are:

Colorectal cancer
Lung cancer
Breast cancer
Heart attack
Prostate cancer
Stroke
Sepsis
Bladder cancer
Pulmonary embolism
Brain hemorrhage

Additionally, the same study claims that the majority (59%) of these medical misdiagnoses occurred due to errors and misinterpretations of diagnostic tests.

How to Prove Medical Misdiagnosis

Filing a medical malpractice case is certainly easier than proving that medical malpractice occurred. That’s why medical malpractice cases are so complex. In many cases, it’s difficult to prove what actually happened because so many variables are involved. Luckily for you, the legal team at Janicek Law has years of experience in successfully litigating medical malpractice claims. We know exactly how to prove that medical negligence occurred.

Because medical misdiagnosis cases are based on the legal theory of negligence, injured victims must prove that the following elements of negligence occurred.

Duty of Care: Every medical professional owes their patients a certain duty of care. In other words, they must act like a competent doctor and provide the best possible medical care for all their patients.
Breached Duty of Care: The doctor breached this duty of care by committing a major medical error, such as misdiagnosis.
Causation: The patient suffered serious injuries or death due to the doctor’s negligence.
Damages: Monetary compensation could help the injured client pay for the medical and rehabilitative bills associated with their misdiagnosis claim.

Next, you need to gather evidence to support your claim and prove that a doctor-patient relationship existed. Strong evidence includes medical records, medication history, witness statements, pictures/videos of your symptoms or health condition, etc. An experienced misdiagnosis attorney at Janicek Law can help you gather sufficient evidence to prove that medical negligence occurred.

Differential Diagnosis

Another way to prove a missed, delayed, or incorrect diagnosis is to study your doctor’s differential diagnosis method.

Differential diagnosis is a method that many medical professionals use to correctly diagnose their patients. This is how it works. When a doctor listens to a patient’s symptoms, they’ll make a list of the most probable medical conditions that the patient could be suffering from. They will test each of the conditions on the list by asking questions about medical history, ordering proper tests and scans, conducting physical examinations, etc.

After each round of tests, the health care provider will remove a potential diagnosis from their list until they’re left with one or two possible diagnoses. Hopefully, at least one of the remaining diagnoses fits the patient’s symptoms and test results. At this point, the doctor will use their best judgment to diagnose the patient, or they will send the patient to another doctor for a second opinion.

In a medical malpractice case, our legal team will hire a medical professional with extensive training in your medical specialty to examine your doctor’s differential diagnosis method. If your doctor failed to list your underlying condition (when they obviously should have) or they listed your condition but failed to order proper medical tests to rule it out, they can face a medical negligence charge.

Types of Damages for Medical Misdiagnosis

Patients who have suffered extensive health complications or death due to medical negligence deserve maximum financial recovery. The legal team at Janicek Law can help you recover the damages listed below.

Past and future medical bills
Past and future rehabilitation bills
Lost wages
Loss of earning capacity
Physical pain and suffering
Emotional distress
Counseling expenses, especially if you’ve suffered PTSD related to your medical trauma
Funeral and burial expenses, if the patient dies as a result of misdiagnosis
Loss of consortium
Loss of enjoyment in life

Average Settlement Amount for Medical Negligence

According to a 2017 JAMA study, the average payout for medical malpractice cases in the U.S. is $329,565. It’s important to note, though, that many states have compensation caps for cases like this. According to Texas law, there are only caps for non-economic damages. Non-economic damages include things like pain and suffering or emotional anguish. These caps are:

$250,000 per victim in cases against only one negligent doctor.
$250,000 per victim in cases against only one negligent health care center, such as a hospital.
$500,000 per victim in cases against multiple negligent health care centers.

Texas Statute of Limitations for Medical Misdiagnosis

In Texas, injured patients (or their family members) have two years to file a medical misdiagnosis lawsuit. The clock starts ticking on the day that the doctor’s negligent act occurred. If you wait longer than two years to file a medical malpractice claim in Texas, the court could dismiss your claim altogether. That’s why it’s crucial to seek legal representation and justice as soon as possible.

San Antonio Medical Misdiagnosis Lawyers

If your or a loved one has suffered a missed, incorrect, or delayed diagnosis, contact our experienced legal team today. We want to make sure you’re fully compensated for your suffering so that you can afford the proper treatments and heal. Our attorneys are ready to begin an attorney-client relationship with you. Call 210-366-4949 today for a free consultation.

Multi-Million Dollar Results For Over 30 Years

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   Natasha Garza 
 31 August 2026
 
 
 Trustindex 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 McWhirter 
 18 August 2026
 
 
 Trustindex 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 Soto 
 8 August 2026
 
 
 Trustindex 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.
  
 
       
   Lucy 
 30 July 2026
 
 
 Trustindex 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 Contreras 
 16 July 2026
 
 
 Trustindex 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 Sanchez 
 14 July 2026
 
 
 Trustindex 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 Bernal 
 8 July 2026
 
 
 Trustindex 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 Sil 
 29 June 2026
 
 
 Trustindex 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 Baez 
 22 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Good lawyers .
  
 
       
   Aldo Salinas 
 10 June 2026
 
 
 Trustindex 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.
  
 
 
 
  
 
   Google rating score: 4.8 of 5, based on 358 reviews

Janicek Law handled my case with such professionalism. I was always kept in the loop about what was going on with my case. Cassidy Muniz is amazing at what she does and I really felt like they actually cared about me and my case. Highly recommend Janicek Law Firm!

I could not be happier with the service and compassion from the Janicek Law Firm. They were friendly, responsive and knowledgeable throughout the entire process. I would give ten stars if I could – They are excellent!

Janicek Law was patient and understanding to my situation – it’s a fight – but they would make my father proud. Thanks you for taking the time to look over my case and speaking up for my family.

Beth and Mona have been truly helpful with our case! They have really done an amazing job. I would highly recommend them to anyone I know.

Incredibly talented and knowledgeable attorneys that will fight negligent nursing homes and bring Justice to the elderly and their families.

I am very happy and pleased with the Janicek Law Firm. I had such a difficult time finding someone to look into my case. The Janicek Law Firm has been very professional and attentive to my questions. They will take the time and review your situation and have been very dedicated in reviewing my case.