San Antonio Medical Malpractice & Personal Injury Lawyers
Hospital Negligence

San Antonio Hospital Negligence Lawyers

Hospital Negligence Claims in Texas

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 that their condition will 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 medical negligence lawyers 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., we fight for victims of these hospitals' 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 health care provider could result in a successful negligence claim. Understaffing is another area of concern.

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.

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.

Who is Liable for Hospital Negligence?

Liability for hospital negligence can vary depending on the circumstances of the case and the jurisdiction's laws. However, generally speaking, the following parties may be held liable for hospital negligence:

  • Hospital Administration: Hospitals can be held liable for negligence if they fail to maintain proper standards of care, adequately train staff, or ensure that appropriate protocols are followed. This could include issues like understaffing, inadequate equipment maintenance, or failure to implement safety procedures.
  • Medical Staff: Individual doctors, nurses, surgeons, anesthesiologists, and other medical professionals may be held liable if their actions or omissions result in harm to a patient. This could include errors in diagnosis, surgical mistakes, medication errors, or failure to provide appropriate treatment.
  • Contracted Service Providers: Hospitals often contract with outside companies or individuals to provide certain services such as laboratory testing, radiology, or anesthesia services. If negligence by these contracted providers causes harm to a patient, they may also be held liable.
  • Employed Staff: Hospitals employ a variety of personnel, including nurses, technicians, and support staff. If any of these employees are negligent in carrying out their duties, they may be held personally liable, and the hospital may also be vicariously liable for their actions.
  • Medical Device Manufacturers: If negligence in the design, manufacturing, or labeling of medical devices contributes to harm suffered by a patient, the manufacturer of the device may be held liable.
  • Government Entities (for Public Hospitals): In the case of public hospitals, government entities may bear liability for negligence, though the rules regarding sovereign immunity can sometimes limit the extent of this liability.
  • Third Parties: In some cases, third parties not directly associated with the hospital or medical staff may be held liable for negligence. For example, if a patient is harmed due to faulty equipment provided by an external supplier, that supplier could be held liable.

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 can do the same for you.

Call us at (210) 361-2997 to learn more about your legal options.

  • 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 $7,200,000

    Birth injury involving hypoxic-ischemic encephalopathy (2023) Contingency fee: $2,880,000 Reimbursable expenses: $179,405.64 Net to client: $4,166,466.64

  • 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

  • Paralysis $3,450,000

    Failure to timely diagnose aortic clot causing paralysis (2023) Contingency Fee: $1,380,000.00 Reimbursable Expenses: $274,988.73 Net to Client: $1,795,011.27

  • 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


What Makes Maloney Law Group Unique?

  • Family History

    • 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.

Do Not Let an Injury Set You Back

Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.

(210) 361-2997