San Antonio Medical Malpractice Lawyers

In the state of Texas, a person who has experienced medical malpractice may generally have two years to bring the claim to court. However, many exceptions may apply. Some parties to a lawsuit may have different deadlines with which to provide appropriate notice of the claim, which can be as little as six months.

Generally, the statute begins running on the date the negligence occurred, which may or may not be the day of the injury. When the date of the negligence is not ascertainable, a further intensive analysis of the facts and law is required before concluding the appropriate start date for limitations. The deadline to file a claim can be incredibly complex. The statute of limitations can depend on a number of factors:

• Who you are suing

• The type of claim you have

• External factors, such as applicable notice periods and the facts of the claim

Because the statute of limitation requires an examination of all of the above, and usually much more, it is important to contact an attorney familiar with medical malpractice to best advise you of any impending deadlines you may have in order to preserve your rights.

Call Maloney Law Group, P.L.L.C. at (210) 361-2997 or contact us online to schedule your free consultation.

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 Claim

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.

Medical malpractice claims can be lengthy ordeals as doctors, nurses, hospitals, and clinics are often ready to avoid liability and protect their own interests. 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 Damages: These 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: These damages are awarded for pain, suffering, and mental anguish that resulted from the negligence.
• Punitive Damages: These 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. Our attorneys are skilled at handling these claims and will dedicate the hard work and attention required to achieve a successful outcome.

Sometimes a patient may be uncertain whether the doctor has committed an error or if they have a claim. We provide free initial consultations to discuss your condition and the medical attention you were given. Our lawyers are skilled at evaluating medical malpractice claims and will provide you with the answers and information you need to know if you should pursue a claim against the doctor, hospital, clinic, nurse, staff, or other medical professionals who treated you.

You can pursue a medical malpractice claim against any medical professional who is licensed to provide medical care. This can include:

• Doctors
• Surgeons
• Nurses
• Anesthesiologists
• Therapists
• Rehabilitation specialists
• Phlebotomists
• Pharmacists
• Techs
• Or any other professional who treated you and may have contributed to your pain or injury.

Our attorneys will fully investigate the injury or condition you are suffering because of the doctor's or nurse's negligence. We work with our own network of knowledgeable doctors and consultants to evaluate your injury and assess exactly how much the road to recovery will cost. We take into account other expenses such as time lost from work, modifications to your lifestyle, and missed opportunities resulting from the pain. We also include the cost of pain and suffering. Our team will seek maximum damages on your behalf.