Do I Have A Medical Malpractice Claim?

A medical malpractice case must involve a significant, substantial, and verifiable deviation by a healthcare professional from the reasonably expected “standard of care,” resulting in injury to the patient. In other words, your medical care provider must not have fulfilled his or her proper duties as a professional in his or her position. Contact a San Antonio medical malpractice lawyer who can help you determine if your case is entitled to compensation. Valid medical malpractice claims do not arise from mere medical mistakes or no-fault accidents. You must be able to prove that the mistake caused you harm.

Will The Law Offices Of Maloney & Campolo Take My Malpractice Case?

Our firm, the Law Offices of Maloney & Campolo, is very selective in the types of cases we accept. Medical malpractice cases are hard to win in Texas due to state laws. Because of this, we only accept cases that are meritorious and that we believe we can win-usually less than five medical malpractice cases annually. This is beneficial for our clients, because it means that they can trust our San Antonio personal injury attorneys to dedicate full efforts and attention to their case.

Examples of medical malpractice claims include injuries caused by:

  • Anesthesia errors such as too much or too little anesthesia, the wrong mixture for the patient, or intubation errors.
  • Medication errors such as over-medication or under-medication, failure to account for side effects caused by combinations with other prescriptions, or any preexisting allergies.
  • Failure to diagnose or misdiagnosis of conditions such as stroke, cancer, or diabetes.
  • Surgical errors, such as amputation of an incorrect body part, wrong-site or wrong-patient surgery, nicked nerves and arteries, or leaving behind foreign objects.
  • Birth errors including failure to perform a timely Caesarean section or injuries caused by use of forceps.

Medical Malpractice Attorney San Antonio

What Damages Can I Recover?

Damages refer to the financial compensation that may be available during a personal injury claim, as well as the specific losses that an injured victim suffered. If you were injured by medical malpractice in San Antonio, you may be able to claim several past and future damages. An attorney can help you make a comprehensive list of your economic and noneconomic damages to seek from a defendant. They may include:

  • Medical expenses
  • Hospital bills
  • Physical therapy and rehabilitation
  • Pain and suffering
  • Psychological counseling
  • Lost wages
  • Lost capacity to earn
  • Permanent disability
  • Scarring or disfigurement
  • Loss of enjoyment of life
  • Out-of-pocket costs
  • Wrongful death damages
  • Punitive damages

Texas has a cap on medical malpractice damages. This is a law that limits the financial compensation available from a medical malpractice claim. The cap is currently set at $250,000 for noneconomic damages from a doctor or health care provider and $500,000 for noneconomic damages against a health care facility. In a case where both the doctor and facility were negligent, noneconomic damages can range from $250,000 to $750,000. There is no cap on economic damages.

What Is My Case Worth?

The value of your case is something that will need to be discussed with a medical malpractice lawyer in San Antonio. Every case is unique; there is no one-size-fits-all settlement. Instead, case values are carefully calculated based on the precise factors of the plaintiff’s situation. Understanding how much your claim could be worth allows you to better negotiate with an insurance company. Factors that could affect your case’s value include:

  • The gravity of your injuries
  • Whether or not you will suffer permanent damage
  • The cost of your necessary medical care
  • Your wages before and after the incident
  • The number of defendants
  • The amount of insurance coverage available
  • Liability disputes and comparative negligence
  • The actions of the defendant(s)

A health care provider and its insurance company will try to pay you as little as possible for medical malpractice, even if you or a loved one suffered a life-changing injury due to negligence. It is important to work with an attorney to argue for maximum financial compensation, especially for a catastrophic injury. An attorney can use aggressive negotiation tactics or take your case to trial, if necessary, to fight for a just case outcome.

How Long Do I Have to File a Claim?

A law called the statute of limitations in Texas places a strict deadline on a claimant’s right to sue. With few exceptions, the courts will refuse to hear a case that is filed after the expiration of the statute of limitations. Your deadline is typically two years from the date of the occurrence of the breach of duty or tort for a medical malpractice claim. There is also a statute of repose in Texas of 10 years. This means you have no longer than 10 years from the date of the act to file a medical malpractice claim, regardless of when you discovered your injury.

How Much Does a Medical Malpractice Attorney Cost?

At the Law Offices of Maloney & Campolo, our medical malpractice lawyers operate on a contingency fee basis. This means we will only charge attorney’s fees if we win your case and secure financial compensation for your losses. If we win, our fees will be deducted directly from the settlement or judgment award using a pre-agreed upon percentage.

If your case does not result in financial compensation, you won’t owe us anything in fees. The total cost of bringing a medical malpractice tort claim depends on the complexity of the case, whether it goes to trial, whether you need to hire a medical expert and other factors. Discuss how much our services cost during a free case consultation.

Request A Free Consult With A San Antonio Medical Malpractice Lawyer Today!

Our San Antonio medical malpractice attorney operates on a contingency fee basis, meaning there is no hourly charge and no hidden fees – you only pay if we win your case. You should not hesitate to contact us and receive the help and guidance you deserve at this time.

If you are interested in speaking with our team in a free case consultation, please do not hesitate to call the Law Offices of Maloney & Campolo today.

CLIENT REVIEW:

“Mr. Maloney and his team handled a complex, difficult and emotional case with great care, expertise and an unwavering commitment.” -Tom Munroe