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Maloney Law Group, P.L.L.C. Maloney Law Group, P.L.L.C.
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FAQ

Serving Families Throughout San Antonio

  • Birth Injury

    • How do I know if the doctor or hospital is liable for a birth injury?

      To determine liability for a birth injury, victims should seek experienced legal counsel who can review all the details of their case. With appropriate medical evidence and information surrounding the incident, an experienced attorney will help you understand your rights and ensure that you are justly compensated for any wrongdoings.

    • How long do I have to file a birth injury case in Texas?

      Typically, injured parents will have up to two years after their child’s birth to file a suit that seeks damages for a birth injury. This time limit applies to most types of medical malpractice related to pregnancy and delivery, although exceptions do exist if substantial delays took place between the incident and its discovery. Therefore, it is essential for any parents with questions about whether they can still make an injury claim to speak with an experienced lawyer as soon as possible.

    • Who can file a birth injury case in Texas?

      Minors cannot file a claim or lawsuit on their own, so the parents of a child who has suffered a birth injury due to medical malpractice or negligence can file a civil case against the responsible healthcare provider(s) or institution(s) instead. Each case should be evaluated by an attorney who will determine if the occurrence of any alleged medical malpractice justifies the claim.

    • What actions can lead to birth injuries?

      Birth injuries can be caused by negligent actions on the part of healthcare providers. Such negligence may come in many forms, such as failing to recognize and act upon signs of distress in a fetus or newborn, not ordering necessary tests for a high-risk pregnancy, administering medication incorrectly, using improper birthing tools, or missing red flags during an examination.

    • What compensation can I seek after a birth injury?

      Depending upon the circumstances, the family of a child with a birth injury may be able to recover monetary damages for medical bills, lost wages, pain, and suffering, or wrongful death. Every case has unique damages and damage totals, though, so you should ask an attorney if you want specifics about what compensation you can demand.

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    • Will Setting up a Consultation With Your Firm Cost Me Money?
      No. We will never charge for an initial consultation meeting.
    • What Should I Bring to Our Initial Meeting
      Please bring any documents, photos, and reports that may assist in investigating your claim. If you are the victim of a car accident, you may want to bring the police report, photos, statements, your insurance information, witness information, and medical records. If you have been the victim of medical malpractice, you may want to bring medical records, photos, a short written recount of what happened, business cards/contact information identifying the negligent parties, and powers of attorney/wills if there was a wrongful death.
    • What Happens if You Decide to Take My Case?
      We will begin an investigation to determine whether we will be able to proceed with your claims. If we are able to proceed with your claims, we will gather all the relevant information required to file a lawsuit on your behalf.
    • What Happens After the Lawsuit Is Filed?
      We will begin litigating your case. Quite often, this means gathering additional information and conducting depositions of the witnesses and parties to the case. We will also appear at hearings necessary to continue moving your case forward in court.
    • Will My Case Go to Trial?
      Every case is different. Before trial, the courts require that all parties mediate claims in front of a neutral party. Some cases resolve in mediation, some later, some not at all. Those that are not resolved continue to trial.
    • Will the Attorneys Hold Those Negligent Parties Responsible?
      As personal injury attorneys working in the civil court system, we pursue monetary recoveries for the injuries suffered on behalf of our client. Civil claims do not allow for our firm to pursue specific performance by a private company. For instance, if a facility did not operate reasonably, we cannot simply request that the business be shut down. However, our verdicts/settlements can lead to institutional changes that can benefit the community.
    • What Will My Recovery Look Like?
      Recovery in personal injury claims is very dependent on the injury. It is important to know that there are also many limitations on recovery in Texas. For example, there are a number of caps for those parties injured as the result of medical malpractice.
    • If I Do Not Have Recourse to Pursue a Case, Is There Anything Else I Can Do?
      Yes. It depends on the case, but there are a number of state agencies that police negligent parties within the state of Texas. You may be able to file a complaint with one of these agencies.
    • What Is Mediation?
      Mediation is a time when all relevant parties sit down and try and resolve their claims with a neutral third party’s assistance.
    • What Is Arbitration?
      Arbitration is a forum where a third party neutral arbitrator takes the role of judge. In place of exercising your right to a jury trial and presenting your claims in front of a judge, your claims will be decided by a neutral arbitrator. The arbitrator hears the case and makes the final decision regarding your claims.
    • What Are the Advantages and Disadvantages of Arbitration?
      Arbitration may be a faster forum for concluding your claims. However, you will lose your right to a jury trial. Arbitrating may become prohibitively costly, as an arbitrator’s time must be compensated as a cost of litigation. The decision of the arbitrator may be a final conclusion to your claims. Differing procedural rules may apply than those in Texas trial courts. The arbitrator may be unduly influenced — an arbitrator may be chosen out of a pool of arbitrators with ties to private insurers; health organizations; or pro-business organizations.
    • Are My Claims Subject to Arbitration?
      Maybe. The courts in the United States and Texas favor the right to a jury trial. Determining whether arbitration applies would require an investigation into those documents signed, those person(s) involved in executing those documents, the terms of arbitration, and the relevant circumstances surrounding the execution of the arbitration agreement. To determine whether arbitration may apply to your potential claims, it is important to seek counsel familiar with arbitration agreements and the relevant jurisprudence.
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