What To Do If You've Been A Victim Of Medical Malpractice

Victims of medical malpractice typically feel caught between two emotions:

  • The fear of going up against powerful institutions and well-intended providers
  • The very real need for financial relief

At first, you will feel alone, but you need to think through the question of whether malpractice occurred. Discuss with family members and friends. If you are confident negligence was a factor in the injury, ask the hospital or clinic to investigate. Expect them to be protective of their own, but let them know you are concerned. Realize that medical malpractice cases are never resolved overnight. You are really at the foot of a mountain of legal process, and your next step is crucial.

Do not ponder your health problem for too long. The statute of limitations in medical malpractice cases is generally two years, but there are many situations where it can be much shorter. Once you have reached that point, you are out of luck. Because of the complexity of the differing statute of limitations, it is vital to contact an attorney as soon as you recognize the problem so you know exactly how long you have to file a claim.

Additionally, requesting the relevant medical records may be extremely helpful in clarifying what exactly happened. Further, it may assist our office in determining what future steps may be necessary.

The next step is to speak with a lawyer experienced not just in malpractice cases, but in your specific kind of case: birth trauma, surgical errors, medication mistakes and so forth.

Choosing The Right San Antonio Malpractice Attorney

Credentials matter. You want a lawyer who goes to trial, not one who settles at the earliest opportunity. Certification for personal injury trial law by the Texas Board of Legal Specialization is a good sign of competence and seriousness. Our founder, Michael Maloney, has this certification.

A good medical malpractice lawyer is a good communicator, sympathetic with your loss, but honest about your prospects for success. There should be no charge for this initial meeting and preliminary investigation.

Now begins the process of assessing what happened. The burden of proof is upon you to show that the conduct that injured you was outside the scope of accepted medical practices, which requires expert testimony and extensive documentation. But if your case is sound and you choose the right lawyer to represent you, your chances of success are excellent.

Our firm's philosophy in medical malpractice claims is, when you put your trust in a medical provider, and if he or she violated that trust and injured you, you deserve to be made as whole as possible. We will help you achieve that goal and hold the medical provider accountable for the harm he or she caused.

For more information, talk to Maloney Law Group at 210-228-0400 or send us an email.