San Antonio Medical Malpractice Lawyers
Medical Malpractice Lawsuits
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.
You may be wondering:
- How could this have happened?
- How will I be able to pay for my additional medical bills that resulted from my injury?
- Can I hold the person or entity that caused my injuries accountable?
- Where can I turn for help?
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.
On This Page
- Types of Medical Malpractice
- How Long Do I Have to File A Claim?
- Am I A Victim of Malpractice?
- What to Do If You Have Been a Victim of Malpractice
- Types of Damages You Can Recover
- How Our Experience Can Help You
- Frequently Asked Questions
We've Recovered Millions for Our Clients
Medical malpractice is a broad term for any kind of action (or lack thereof) that causes a patient harm. We are equipped to handle all types of medical malpractice claims, including those that involve:
Hospital negligence occurs when any medical provider within a hospital setting fails to take the proper care and precaution for their patients. Learn more about hospital negligence and how we can help you today.
Nursing home negligence
Neglect of nursing home resident’s medical needs can have very serious repercussions. If you suspect your loved one is not being cared for properly read about your legal options and how our team can help you today.
Emergency room negligence
You are at your most vulnerable when seeking help in an emergency room, if you were further injured to negligence, learn how our team can help you pursue the compensation you deserve.
Medical providers are responsible for ensuring the medication they prescribe is correct and will not harm their patients, if they fail to do so they can be held accountable. Learn more on our medication errors page today.
Surgical errors can result in devastating injuries, taking a toll on patients affected both physically and emotionally. Our team is standing by to help you if you have been injured by a surgical error, call us today to arrange a free consultation.
When medical professionals fail to properly diagnose a patient, the results can serious, sometimes causing irreversible damage. Our team is experienced in handling these types of claims and are ready to help you.
For some illnesses, every day counts so when medical professionals fail to diagnosis a problem right away, further complications and problems can arise. If you have affected by a delayed diagnosis contact our firm today to discuss your case during a free, no-obligation consultation.
Inappropriate course of treatment
We trust medical professionals to know what course of treatment is best for us when they fail to act appropriately severe damage can result. Our team I ready to help you if you have been injured by an inappropriate course of treatment, call today!
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.
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.
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.
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.
Get the Malpractice Representation You Deserve
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.
Answers from Our San Antonio Medical Malpractice Attorneys
How Do I Know if My Injury or Illness Was Caused by a Doctor or Medical Malpractice?
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.
What Kind of Medical Professionals Can Be Responsible For Medical Malpractice?
You can pursue a medical malpractice claim against any medical professional who is licensed to provide medical care. This can include:
- Rehabilitation specialists
- Or any other professional who treated you and may have contributed to your pain or injury.
How Much Money Can I Recover From the Injury or Illness I Have Suffered?
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.
Birth Injury $7,620,000
Birth injury involving hypoxic-ischemic encephalopathy (2022) Contingency Fee: $3,048,000.00 Reimbursable Expenses: $161,503.71 Net to Client: $4,410,496.29
Birth Injury $7,000,000
Birth injury involving hypoxic ischemic encephalopathy (2020) Contingency Fee: $2,800,000.00 Reimbursable Expenses: $75,578.00 Net to Client: $4,124,421.00
Birth Injury $5,750,000
Birth injury involving hypoxic ischemic encephalopathy (2014) Contingency Fee: $1,786,738.72 Reimbursable Expenses: $170,000.00 Net to Client: $3,396,261.28
Construction Accident Death $3,600,000
Dangerous work conditions resulting in death (2015) Contingency Fee: $1,440,000.00 Case Expenses: $125,000.00 Net to Client: $2,035,000.00
Trucking Accident $3,000,000
Trucking accident resulting in death (2015) Contingency Fees: $1,000,000.00 Case Expenses: $93,455.68 Net to Client $1,906,544.32
Surgical Error $2,845,730.83
Surgical errors resulting in drop foot (2022) Contingency Fee: $1,138,292.33 Reimbursable Expenses: $51,291.24 Net to Client: $1,656,147.26
Brain Aneurysm $1,820,000
Failure to diagnose ruptured brain aneurysm in the Emergency Department resulting in serious injury (2020) Contingency fee: $712,090.00 Reimbursable expenses: $157.285.61 Net to client: $950,624.39
Back Surgery Paralysis $1,600,000
Negligence during back surgery resulting in paralysis (2014) Contingency Fee: $640,000.00 Case Expenses: $170,000.00 Net to Client: $790,000.00
Necrotizing Infection $1,370,000
Failure to diagnose and treat a necrotizing infection resulting in death (2019) Contingency Fee: $548,000.00 Reimbursable expenses: $165,301.67 Net to client: $656,698.33
Spinal Stroke $1,216,322.85
Delay in providing neurosurgical services resulting in serious injury (2015) Contingency Fee: $729,793.71 Reimbursable Expenses: $183,264.56 Net to Client: $669,793.70
- We have been a part of the San Antonio Community for decades.
Boutique Law Firm
- You will receive personalized and dedicated attention.
Experienced & Prepared
- We are equipped to handle the most complex cases.
Reputation for Success
- We have earned a reputation for relentless advocacy.