San Antonio Medical Malpractice Attorneys Standing For Your Rights
Medical malpractice is an incredibly complex area of law. As private equity and financial interests have moved into the medical field, the quality of medical care in the United States has vastly deteriorated. Infections, falls, and other preventative injuries and illnesses increase when private equities owns healthcare facilities. We spend more money per patient that any other country in the world and get worse health outcomes than all other high-income nations.
At Marynell Maloney Law Firm, PLLC, we fight to take those profits from the financial interests and put them back in the pockets of the patients that have been harmed. Our attorneys have more than 50 years of combined experience working with injured individuals and their families. We serve clients in San Antonio and across Texas with a variety of severe harms resulting from medical malpractice.
For an initial review of your specific concerns, please call our office in San Antonio at 210-446-0035, call us toll-free at 800-717-6011 or complete our contact form.
What Is Medical Malpractice?
Medical malpractice is more than the health care provider making a simple mistake. Malpractices occur when a health care provider does something that other reasonably qualified health care providers would not have done. It can also occur when a health care provider does not do something that other reasonably qualified health care providers would have done. Medical malpractice can have devastating consequences.
Do I Have A Medical Malpractice Case?
Without examining the specific facts of your case, it is impossible for our firm to tell you whether or not you have a case. Any results obtained in a medical malpractice case are dependent on the facts of that case and results differ from case to case. When you contact our firm, you will speak with our dedicated staff and they will obtain the information we need to make an initial determination of whether we may be able to help you or not. An attorney reviews every single call that our office receives.
In order to prove medical malpractice has occurred, we have to prove that a hospital or healthcare provider has deviated from the accepted standard of practice. This means they are doing something that reasonably careful hospitals healthcare providers would not do, and causing patient harm.
To win a medical malpractice case, you must have expert medical testimony that states that a reasonable hospital or healthcare provider would not have done what yours did, and that the negligence of your health care provider was the cause of the injury or death. For example, if you suffered harm during a medical procedure, but the doctor’s negligence did not cause the harm (which was the result of some other factor), we may not be able to pursue a case on your behalf. When you or a loved one suffered a bad outcome, this does not necessarily mean that malpractice has occurred.
For example, the bad outcome may have been caused by an unintended but known complication that can happen without negligence. Finally, we must show that you suffered harm and damages as a result of your health care provider’s negligence. For example, if your doctor was negligent but you were not harmed by his or her negligence, he may not be liable.
What Are Examples Of Medical Malpractice?
- Birth injuries
- Surgical errors (wrong-site surgery, nicking or perforating an organ or blood vessel, etc.)
- Complications from gastric bypass surgery like Wernicke’s Encephalopathy
- Anesthesia errors
- Medication errors
- Reproductive rights violations
How To File A Medical Malpractice Claim In Texas
Texas generally gives patients two years from the negligent care to file a claim. Before filing suit, we send each provider written notice at least 60 days in advance, which extends that deadline by 75 days.
Once a defendant answers the lawsuit, we have 120 days to serve a report from a qualified medical expert showing how the care fell short and caused harm. Missing it means dismissal plus the provider’s legal fees. After the report, both sides exchange records and take depositions, which are sworn interviews with doctors, nurses and you.
What Compensation Can You Recover In A Texas Medical Malpractice Case?
Malpractice damages usually fall into these categories:
- Medical expenses: Past and future bills for surgery, therapy and long-term care
- Lost income: Wages missed during recovery plus reduced earning ability
- Personal suffering: Pain, mental anguish and a diminished quality of life
- Wrongful death damages: Funeral costs, household support and companionship for surviving relatives
Texas caps noneconomic damages at $250,000 for all doctors combined and up to $500,000 for hospitals and other facilities. Wrongful death claims also face an overall limit tied to inflation. Medical bills face no cap, so we document every expense in detail.
Frequently Asked Questions About Texas Medical Malpractice
Patients and families often ask us the following questions:
Can I sue a hospital or only the individual doctor?
You can often sue both. A hospital answers for its employees’ mistakes, but many Texas doctors work as independent contractors outside that responsibility. Claims against public hospitals such as University Health in San Antonio also require written notice within six months.
Do I need an expert witness to prove my case?
Yes. Texas also sets strict rules for who qualifies, so a physician expert must be practicing medicine now or when the claim arose and must know the accepted standards for your care.
What if I already signed a consent form before my procedure?
A signed consent form does not excuse carelessness because it only shows you accepted the known risks explained to you. The form may defeat a claim based on a disclosed risk, but it offers little protection against a mistake such as wrong-site surgery.