San Antonio Medical Malpractice Lawyers

We've Recovered Millions for Our Clients

When the trust you place in medical providers and medical facilities is violated and you are injured as a result, you are left with many questions and uncertainty about where to get the answers you need. At Maloney Law Group, P.L.L.C., you will find straightforward answers, trusted advice, and high-quality representation. We are here to help you through every step of the process so that you can enjoy a favorable outcome.

The Many Forms of Medical Malpractice

Medical malpractice is a broad term for any kind of action (or lack thereof) that causes a patient harm.

When these or other types of malpractice lead to birth injuries, disability, or any other type of life-altering consequences, you need to seek help as soon as possible. Count on Maloney Law Group, P.L.L.C. for reliable and unyielding representation.

How Long Do I Have to File A Medical Malpractice Claim?

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.

Am I A Victim of Medical Malpractice?

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.

The Different Types of Damages Awarded

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.

Put Decades of Experience in Your Corner

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.