San Antonio Medical Malpractice Lawyer
Holding Texas medical professionals, facilities, and institutions responsible
Because the legislature has imposed strict limitations on medical malpractice cases, they are difficult cases to bring on behalf of any injured patient. The attorney of your choosing must be very experienced in this area of law. You’ll need an experienced medical malpractice lawyer in San Antonio if you are the victim of a negligent doctor or hospital in south central Texas.
Medical malpractice occurs when a patient is harmed by a doctor or hospital who fails to competently perform his or her medical duties. Whether the fault lies with a physician, a medical treatment facility, or a hospital, if you or a member of your family are injured or killed as a result of substandard or negligent treatment, there may be grounds for legal action. Healthcare providers can be held accountable for inadequate or improper procedures or diagnoses.
Schedule your free initial consultation with the Law Offices of Pat Maloney when you call our offices today.
Frequently Asked Questions
- Why choose the Law Offices of Pat Maloney?
- How can an experienced San Antonio medical malpractice lawyer help?
- What is medical malpractice?
- How do you prove medical malpractice?
- Who is liable for my San Antonio medical malpractice case?
- How long do I have to bring a medical malpractice claim in Texas?
- Do you have a medical malpractice attorney near me?
Why choose the Law Offices of Pat Maloney?
When you or a loved one are suffering due to the careless or negligent actions of medical providers, you need to secure an attorney you can trust. The medical malpractice lawyer at the Law Offices of Pat Maloney have been representing clients in this area since 1953.
We have 70 years of combined legal experience in all areas of personal injury law, including malpractice cases. Our firm knows how personal this matter is for you, which is why you will receive personalized attention from your medical malpractice attorney. We also work on a contingency fee basis, meaning you will not pay any out-of-pocket costs and will see no legal fees until we are successful in securing the compensation you deserve.
Just a few of the medical malpractice matters we are capable of handling include:
How can an experienced San Antonio medical malpractice lawyer help?
Malpractice cases can become incredibly complex. Your San Antonio medical malpractice lawyer will be your advocate throughout this process and will:
- Obtain all evidence related to the medical mistake, including your medical records as well as the records of the negligent medical provider and facility
- Ensure you are evaluated by a trusted medical professional
- Secure expert medical witnesses to evaluate your records and to testify on your behalf
- Negotiate with the defendant, their insurer, and their legal team to secure a settlement on your behalf
- Prepare your case for trial if that is what it takes to secure the compensation you need
What is medical malpractice?
There are many ways in which the careless, negligent, or intentional actions of a healthcare professional (or facility) can cause a person harm. In fact, adverse events are a major cause of patient harm. One study identified adverse events in nearly one in four hospitalizations – and approximately a quarter of these events were preventable.
Some of the most common reasons a malpractice case arises include:
How do you prove medical malpractice?
To prove that medical malpractice occurred, you must be able to demonstrate that:
A Doctor-Patient Relationship Existed
You must show that you had a physician-patient relationship with the doctor or hospital you are suing — this means you hired the doctor and the doctor agreed to be hired. For example, you can’t sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise when a consulting physician did not treat you directly.
The Doctor or Hospital Staff Was Negligent
Just because you are unhappy with your treatment or results does not mean the doctor or hospital is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.
The doctor’s or hospital’s care is not required to be the best possible, but simply “reasonably skillful and careful.” Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim. The state of Texas requires that the patient present a medical expert to discuss the appropriate medical standard of care and show the defendant deviated from that standard.
The Injury Led to Specific Damages
Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can’t sue for malpractice if the patient didn’t suffer any harm.
Here are examples of the types of harm for which patients can sue:
- Physical pain
- Mental anguish
- Past and future medical bills
- Lost work and lost earning capacity
Unfortunately, Tort Reform Legislation has imposed a cap of $250,000.00 on many of the intangible or non-economic damages that result. Certain economic losses, however, are not capped. Our attorney can explain more.
The Doctor’s or Hospital’s Negligence Caused the Injury
Because many medical negligence cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually cause the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor’s or hospital’s negligence caused the death rather than the cancer.
The patient, along with the medical malpractice lawyer, must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor’s negligence caused the injury.
Who is liable for my San Antonio medical malpractice case?
One of the hardest parts of a malpractice case is proving liability. Above, we discussed the elements that must be present to prove liability, but you may also wonder who can be held responsible for these cases.
Anytime a patient/provider relationship is established, a medical professional has a duty to provide an adequate standard of care. Many people only think that doctors and surgeons can be held liable for mistakes, but that is not the case.
Any medical professional can face malpractice lawsuits, including:
- Physician’s assistants
In addition, there are times when the healthcare facility itself can be held liable. This can include hospitals, outpatient facilities, doctor’s offices, clinics, and more. Management and supervisors are responsible for ensuring they follow appropriate hiring practices. They must also respond to and follow up on possible problems with a healthcare professional under their supervision.
Healthcare facilities can also be held liable for not implementing policies that ensure quality patient medical care, including infection control policies, adequate staffing at all times, etc.
How long do I have to bring a medical malpractice claim in Texas?
Texas has special rules and procedures for medical malpractice claims. It is important to know about these rules and follow them carefully.
In Texas, you must bring a malpractice claim before two years have expired from the negligent conduct of a healthcare provider. (The time period in which you must bring the lawsuit is called the “statute of limitations.”) If you don’t file the lawsuit within the specified period of time, the court can dismiss the case.
Do you have a medical malpractice attorney near me?
The Law Offices of Pat Maloney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.
Contact an experienced San Antonio medical malpractice lawyer today
If you or a loved one has been the victim of medical malpractice in San Antonio, you need an experienced and compassionate legal team on your side. The Law Offices of Pat Maloney has a proven track record of success in holding negligent medical professionals accountable for their actions. We understand the devastating impact that medical malpractice can have on your health, finances, and quality of life, and we're committed to fighting tirelessly for your rights.
Don't wait to take action. Contact us today to schedule a free consultation with a compassionate and knowledgeable lawyer. We'll listen to your story, answer your questions, and help you understand your legal options. With our help, you can seek the compensation you deserve for your medical expenses, lost wages, and pain and suffering. Let us put our experience and expertise to work for you – call us today to get started. If you’d like to learn more about our services, schedule a free consultation by filling out our contact form or calling our offices to speak with a representative.