San Antonio Hospital Negligence Lawyers
Understanding Hospital Negligence in San Antonio
Most people in Texas want to stay out of the hospital unless it's necessary. When they become injured or ill and require hospital treatment, they likely expect their condition to improve after hospitalization. Unfortunately, this is not always the case. Many victims of hospital negligence have found that their physical and mental condition actually worsened as a result of mistakes made by hospital personnel. When this happens, having seasoned hospital injury attorneys by your side is essential.
The law is clear: When a patient’s injuries occur because of medical negligence, hospitals may be held liable. At Maloney Law Group, P.L.L.C., our hospital injury attorneys in San Antonio fight for hospital injury attorney victims.
Medical malpractice cases often involve complex medical and legal issues that require thorough investigation and understanding. Each negligence claim is unique, demanding attention to detail and considerable patience from those involved. Our approach includes collaborating with medical professionals to assess the full extent of damages, ensuring that our clients seek compensation that reflects the physical, emotional, and financial impact of the negligence.
If you or a loved one has suffered life-threatening medical problems after a hospital stay, you may have been the victim of hospital negligence. You need a medical malpractice attorney who understands this complicated area of law and who has the knowledge, resources, and experience to see your case through to the end.
Holding Hospitals Accountable for Negligence
To schedule a consultation with our San Antonio medical malpractice lawyers, call us at (210) 361-2997 now.
What is Hospital Negligence?
Hospitals can be either directly liable or vicariously liable in a medical malpractice lawsuit. If the hospital failed to confirm an employee's credentials, it could be considered negligent if harm to a patient results from that failure. Additionally, nurses and other staff who fail to follow the directions of a primary healthcare provider could result in a successful negligence claim. Understaffing is another area of concern.
Understanding the complexities of hospital negligence involves knowing the basic duties and responsibilities that hospitals and their staff owe patients. This includes accurate monitoring, timely administration of medications, and maintaining organized and clear communication among healthcare providers. Failing these obligations can lead to adverse health outcomes, emphasizing the need for well-versed legal assistance throughout negligence claims.
Types of Hospital Negligence
Hospital negligence is a comprehensive term for any kind of medical malpractice that took place during a hospital visit or stay. It refers to a host of injurious actions by physicians, midlevel providers, nurses, medical assistants, and technicians who work at the hospital.
These actions may include:
- Failure to monitor patients: Healthcare providers are expected to regularly monitor patients' vital signs, symptoms, and overall condition. Negligence may occur if staff neglect to monitor patients adequately, leading to undetected complications or deterioration.
- Failure to carry out doctor's orders: Hospital staff are responsible for implementing treatment plans prescribed by doctors. Neglecting to follow these orders could result in delayed or improper care, potentially causing harm to patients.
- Failure to notify doctors of problems: If hospital staff encounter issues or changes in a patient's condition, they are obligated to promptly inform the attending physician. Failure to do so can lead to delays in necessary interventions or treatments.
- Errors by respiratory therapists: Respiratory therapists are crucial in managing patients with breathing difficulties or respiratory conditions. Errors in their assessments or treatments could lead to respiratory distress or other complications.
- Errors by ICU nurses: Intensive Care Unit (ICU) nurses play a vital role in monitoring critically ill patients and administering specialized care. Errors in their duties, such as medication administration or patient monitoring, can have severe consequences for patient health.
- Performing the wrong procedure: Surgical or medical procedures must be performed accurately according to the intended treatment plan. Performing the wrong procedure or operating on the wrong body part can result in serious harm or even death.
- Medication errors: Mistakes in medication administration, such as administering the wrong drug or incorrect dosage, can lead to adverse drug reactions, worsening of the patient's condition, or other complications.
- Serious infections: Hospitals are expected to maintain strict hygiene and infection control measures to prevent the spread of infections. Negligence in maintaining cleanliness or following proper protocols can result in patients acquiring serious infections during their hospital stay.
- Neglect: This refers to a failure of healthcare providers to meet the basic needs of patients, such as providing adequate food, water, hygiene, or assistance with mobility. Neglect can lead to patient discomfort, deterioration of health, or worsening of existing medical conditions.
- Physical abuse: In rare but egregious cases, hospital staff may engage in physical abuse of patients, which can cause physical injuries, emotional trauma, and violation of patients' rights.
It also includes systemic negligence by the hospital itself, including unsanitary conditions, inadequate staffing, inadequate training, inadequate supervision, and malfunctioning equipment.
To effectively handle these cases, our attorneys not only examine individual actions but also look at institutional practices or failures that contribute to incidents of negligence. This broader perspective is integral in building a robust case that seeks comprehensive accountability, addressing both immediate and systemic issues within healthcare facilities.
Vicarious Liability
Vicarious liability issues could also exist. If a patient is harmed as a result of an employee's actions, the hospital could be found liable for that employee's negligence. This could mean that the hospital is financially responsible for an injured party if claims of negligence concerning one of its employees are successfully documented.
Vicarious liability underscores the importance of comprehensive training and stringent hiring practices within hospital settings. By ensuring every staff member is well-equipped to perform their duties safely and effectively, hospitals can mitigate potential legal risks. Our firm diligently investigates these aspects to ensure any factors of vicarious liability are adequately addressed in our legal strategy.
Hospital-Acquired Infections & Other Conditions
Hospital-acquired infections (HAIs), also known as nosocomial infections, are infections that patients acquire while receiving treatment for other conditions within a healthcare facility. These infections are typically not present or incubating at the time of admission but develop during the hospital stay.
HAIs can be caused by bacteria, viruses, fungi, or other pathogens and can occur in various parts of the body. They are a significant concern because they can complicate treatment, lead to longer hospital stays, increase healthcare costs, and result in higher morbidity and mortality rates.
Common examples of HAIs include:
- Central Line-Associated Bloodstream Infections (CLABSIs): These infections occur when bacteria or viruses enter the bloodstream through a central line, which is a catheter placed in a large vein to administer medication or fluids.
- Catheter-Associated Urinary Tract Infections (CAUTIs): These infections are associated with the use of urinary catheters, which can introduce bacteria into the urinary tract.
- Surgical Site Infections (SSIs): These infections occur at or near the surgical incision site within 30 days of a surgical procedure. They can affect the skin, tissues under the skin, organs, or implanted material.
- Ventilator-Associated Pneumonia (VAP): This type of pneumonia develops in people who are on mechanical ventilation (breathing machines) through an endotracheal or tracheostomy tube for at least 48 hours.
- Methicillin-Resistant Staphylococcus aureus (MRSA) Infections: MRSA is a type of staph bacteria that is resistant to many antibiotics. It can cause various infections, including skin infections, bloodstream infections, and pneumonia.
- Clostridioides difficile Infections (CDI): These infections result from the overgrowth of C. difficile bacteria in the colon, often due to antibiotic use. They cause severe diarrhea and colitis.
- Bloodstream Infections (BSIs): General term for infections that occur when bacteria or fungi enter the bloodstream, potentially causing sepsis.
- Pneumonia: Apart from VAP, other types of pneumonia can develop in hospitalized patients, particularly those with weakened immune systems or underlying lung conditions.
Additionally, hospital-acquired conditions (HACs) are adverse health conditions or complications that patients develop during their stay in a healthcare facility, which were absent while being admitted. They can lead to prolonged hospital stays, increased healthcare costs, and significant morbidity or mortality.
Common HACs include:
- Pressure Ulcers (Bedsores): These are injuries to the skin and underlying tissue resulting from prolonged pressure on the skin. They often develop on bony areas of the body, such as heels, elbows, and the sacrum, particularly in patients with limited mobility.
- Falls & Trauma: Patients can experience falls while hospitalized, leading to fractures, dislocations, or head injuries. Falls can occur due to various factors, including medications, unfamiliar environments, or physical weakness.
- Surgical Complications: This includes conditions such as postoperative bleeding, deep vein thrombosis (DVT), pulmonary embolism (PE), and wound dehiscence (reopening of a surgical incision).
- Venous Thromboembolism (VTE): VTE encompasses both deep vein thrombosis and pulmonary embolism, conditions caused by blood clots. Hospitalized patients, especially those undergoing surgery or with limited mobility, are at increased risk.
- Catheter-Related Complications: Beyond infections, catheters can cause complications such as thrombosis, bleeding, and mechanical issues, leading to further interventions and increased risk of other HACs.
- Gastrointestinal Complications: These can include stress ulcers, gastrointestinal bleeding, and colitis not related to C. difficile. They can result from stress, medication side effects, or other hospital-related factors.
- Sepsis: Severe infections that spread throughout the body, leading to systemic inflammatory response syndrome (SIRS) and potentially life-threatening organ dysfunction. Sepsis can originate from various sources, including infected wounds, catheters, or surgical sites.
- Adverse Reactions to Blood Transfusions: Complications from blood transfusions can include allergic reactions, infections, and transfusion-related acute lung injury (TRALI).
- Respiratory Complications: Conditions such as atelectasis (collapse of part of the lung) and pulmonary embolism can arise in hospitalized patients, particularly those who are immobilized or post-surgery.
- Delirium: Acute confusion or cognitive dysfunction often seen in older adults, which can be triggered by the hospital environment, medications, or underlying medical conditions.
To safeguard patients against HAIs and HACs, healthcare facilities must adhere to rigorous standards for hygiene, staff training, and patient care. Our legal team investigates whether these protocols were met in cases of suspected hospital negligence, providing a thorough evaluation of potential lapses in care.
Understanding San Antonio Medical Malpractice Laws
In San Antonio, Texas, medical malpractice laws require demonstrating that a healthcare provider's negligence directly resulted in a patient's injury or worsening condition. Texas employs the "preponderance of evidence" standard, meaning that your attorney must show that it is more likely than not that negligence occurred.
Additionally, Texas caps non-economic damages in medical malpractice cases. This means compensation for pain and suffering, emotional distress, and similar harms has a maximum limit. However, there is no cap on economic damages such as medical bills or lost wages. Understanding these nuances is crucial, and having Maloney Law Group, P.L.L.C. as your legal partner ensures comprehensive guidance through local legislation hurdles.
Choosing the Right San Antonio Hospital Injury Attorney
Selecting the right hospital injury attorney in San Antonio involves considering several critical factors. The attorney’s ability to interpret complex medical records and understand intricate procedures is paramount, as medical negligence cases frequently require this insight.
At Maloney Law Group, P.L.L.C., we pride ourselves on diligent case preparation augmented by access to leading medical professionals, which enhances our clients' confidence in favorable outcomes. Our attorneys offer personalized service, emphasizing transparent communication and policy updates throughout each case's progression, making us a trusted choice in the San Antonio area.
Frequently Asked Questions About HOSPITAL INJURY
What Should I Do If I Suspect Hospital Negligence?
If you suspect hospital negligence, it's crucial to document everything related to your experience. Collect records of all medical treatments, doctor communications, and any subsequent treatments stemming from the negligence. Photographic evidence of injuries or adverse conditions encountered also helps substantiate your claim. After securing necessary documentation, consult with a hospital injury attorney promptly to explore your legal options and ensure your rights are protected throughout the process.
How Can a Hospital Negligence Lawyer In San Antonio Assist My Case?
A hospital injury attorney is instrumental in navigating the complexities of medical malpractice claims. From investigating the incident to gathering and reviewing medical evidence, lawyers identify negligent practices and construct a solid legal argument. An attorney from Maloney Law Group, P.L.L.C. offers not only legal acumen but also peace of mind, as they will do everything possible to reduce your stress while vigorously advocating for your rights.
What Are the Costs Associated with Hiring a Hospital Injury Attorney?
The financial concerns of pursuing legal action can be daunting; however, many hospital injury attorneys, including those at Maloney Law Group, P.L.L.C., work on a contingency basis. This means you wouldn’t pay legal fees unless your case is successful, alleviating upfront financial stress and enabling you to focus on recovery. Understanding the fee structure is fundamental, and it’s advisable to discuss this aspect during your initial consultation.
Liability often involves complex investigations, requiring a deep dive into hospital policies, staff qualifications, and operational records. Our approach emphasizes meticulous case preparation to determine accountability precisely and strives for thorough representation of our clients' interests in negotiations or court.
Can a Hospital Negligence Attorney Help?
Unfortunately, there are many people who will never be the same as a result of hospital negligence. In addition to their pain and suffering, many require long-term medical care that places a strain on their personal finances. To further complicate their life, many such victims in Texas are unable to work and require around-the-clock care. As a result, some choose to seek recompense by filing a civil lawsuit against the hospital. If their claims can be proved, a monetary judgment may assist them financially while also ensuring that other patients do not suffer in a similar manner.
Maloney Law Group, P.L.L.C. has handled just about every kind of hospital malpractice case. We are the hospital negligence lawyers near you, ready to help in your time of need. Texas insurance company lawyers respect our firm for this knowledge and integrity. Our hospital negligence attorneys in San Antonio are comfortable with medical terminology and hospital procedures, which aids in the extensive investigations we conduct for every case we take on.
Our firm has helped hundreds of clients find compensation and closure in this difficult area. We are committed to providing compassionate, yet assertive, representation to ensure that victims of negligence receive the justice they deserve. With a strategic approach tailored to the nuances of each case, we stand ready to guide you through the legal process, leveraging our extensive resources and dedication to client advocacy.
Call us at (210) 361-2997 to learn more about your legal options.
What Makes Maloney Law Group, P.L.L.C. Unique?
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Family History
We have been a part of the San Antonio Community for decades.
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Boutique Law Firm
You will receive personalized and dedicated attention.
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Experienced & Prepared
We are equipped to handle the most complex cases.
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Reputation for Success
We have earned a reputation for relentless advocacy.
Our Settlements & Verdicts
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$14,133,141 Medical Malpractice
Medical malpractice involving serious injury (2025) Contingency Fee: $5,653,256 Expenses: $110,399 Net to Client: $8,369,486
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$7,620,000 Birth Injury
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
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$7,000,000 Birth Injury
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
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$5,750,000 Birth Injury
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
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$2,845,730.83 Surgical Error
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
Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.
