Generally, medical malpractice may occur if the care provided is below the standard of care and results in an injury to the patient. The standard of care may be described as the level and type of care that a reasonably prudent healthcare professional, with a similar background and in the same medical community, would have provided under the circumstances. However, it is important to know that a bad outcome is not always due to medical negligence.
The substandard care must be causally related to the injury. If the injury would have happened regardless of the substandard care there may not be enough to meet the legal standards in Texas. Texas requires that expert report(s) be provided upon filing suit to continue litigating medical malpractice claims. If an expert report is not obtained or is deemed deficient by the court, a patient’s case may be dismissed permanently. If you think that you have experienced medical malpractice, it is important to consult an attorney who is familiar with what is required to proceed with medical malpractice claims.
Investigate Your Injuries
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 that 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 and your next step is crucial.
Don't Wait to Begin Your Claim
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 in which it can be much shorter. Once you have reached that point, you are out of luck. Because of the complexity of the differing statutes of limitations, it is vital to contact a San Antonio medical malpractice attorney as soon as you recognize the problem so you know exactly how long you have to file a claim.
Requesting the relevant medical records may be extremely helpful in clarifying what exactly happened – it may also assist our team 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.
There are three main types of monetary awards that plaintiffs may receive if a medical malpractice lawsuit is ruled in their favor. Damages (monetary awards) are paid out based on economic, noneconomic damages and punitive damages. Economic damages are paid to reimburse a plaintiff for medical expenses, wages lost as a result of the malpractice, and other damages that may be readily assessed with an economic value, such as loss of household services.
Non-economic damages are awarded for pain, suffering, and mental anguish that resulted from the negligence. Punitive damages are funds awarded to punish the defendant and deter them from repeating the negligent behavior. It is important to note that Texas has numerous statutes that dictate caps on potential damages. As such, it’s important to consult with an experienced medical malpractice firm to determine what, if any, damages may be recoverable, and what limitations may apply.
At Maloney Law Group, our experienced medical malpractice lawyers in San Antonio can provide you with the answers and advice that you need to navigate through this difficult time in your life. We are well-versed in complex medical malpractice claims and know how to help our clients seek justice when those they have entrusted with their care cause them harm.
As trial attorneys, we will not be intimidated by the negotiation tactics that medical facilities and insurance carriers use to attempt to limit their liability. We will take your case as far as necessary in our attempt to hold those whose negligence hurt you accountable for their actions. From our office in San Antonio, we serve medical malpractice clients throughout the region and across Texas.