San Antonio Medical Negligence Attorney
We all turn to those in the medical community for help when we feel unwell, need a diagnosis, or require surgery. However, doctors, nurses, and other medical professionals make mistakes just like those in any other profession. In the case of medical malpractice, patients can suffer endlessly from even minor errors. A San Antonio medical negligence attorney can help you through this devastating time.
Unfortunately, many healthcare workers try to cover up these mistakes to avoid legal repercussions and malpractice claims. In addition, medical malpractice law in Texas sets stringent standards for proving medical negligence claims. In other words, not all adverse outcomes, no matter how serious, are considered malpractice cases. That’s because there must be evidence of sub-standard quality of care or negligence.
Experienced defense attorneys protect the healthcare provider or medical facility if a medical malpractice claim arises. That means you need an equally experienced legal team on your side if you suffer a severe injury or loss from a medical error. The San Antonio medical negligence lawyers at Janicek Law can help you achieve the best medical malpractice case outcome possible.
Call Janicek Law today at 210-366-4949 for a free case evaluation. We are ready to establish an attorney-client relationship and begin working on your medical malpractice lawsuit.
When Should You Contact a Lawyer for Medical Malpractice?
Physicians and other medical practitioners must follow a specific duty of care for their patients. When a medical professional violates this duty of care (intentionally or unintentionally), their patients can, unfortunately, suffer severe injuries, complications, or death.
You might be entitled to damages if a doctor, nurse, or other healthcare worker’s medical mistake harmed you. Remember that medical malpractice lawsuits are tough to win, so it’s best to consult with a San Antonio medical negligence attorney first to discuss your options and legal rights.
Negligence looks different in almost every medical malpractice case. Contact the medical negligence lawyers at Janicek Law for a free consultation if you or someone you love has experienced any of the following medical errors.
A common type of medical malpractice, surgical errors frequently cause devastating injuries. That’s because victims of surgical mistakes often suffer injuries that reduce their quality and enjoyment of life.
Surgical errors can include medical instruments left inside the body or performing surgery on the wrong body part or patient. Performing the wrong surgery altogether is also considered medical malpractice.
Multiple types of negligence can lead to birth injuries. This includes misusing medical instruments, not treating a newborn’s respiratory distress, and not performing a c-section soon enough.
Newborns who suffer from a medical professional’s negligence can experience lifelong physical, cognitive, and developmental issues. Birth injuries are equally as traumatic for the mothers too. Common examples of lifelong birth injuries include cerebral palsy or brachial plexus brain damage.
Unfortunately, medication errors are the central issue in many medical malpractice cases. This type of medical negligence occurs when healthcare professionals prescribe a patient the wrong dosage or medication. Medication errors are hazardous because they can cause even more health issues.
Common Types of Medical Negligence Claims in San Antonio, TX
While surgical errors, birth injuries, and medication errors generally lead to lawsuits, there are many other types of medical mistakes out there as well. Common types of medical errors that can lead to medical malpractice claims include:
- Environmental events
- Defective medical device
- Care management errors
- Patient slip and falls
- Altered hospital records
- Medical facility negligent care
- Traumatic Brain Injury (TBI)
- Failing to diagnose
- Faulty medical product
- Wrongful death
- Nursing home abuse and neglect
- Delayed surgery
- Emergency room errors
The Most Important Factor Parties Must Prove In A Medical Negligence Case
In Texas, there must be evidence that proves medical negligence. The healthcare professional or hospital must have violated Standards of Care. That violation had to result in a patient injury. Significant damages must result from the injury. Your claim must meet these factors before it’s considered medical malpractice.
The damages can be economic, such as medical expenses and lost wages. They can also be non-economic, which includes pain and suffering. Proving non-economic damages often requires the use of experts.
Medical negligence super lawyers at Janicek Law will dig into your medical records to gather evidence and prove negligence. Our medical malpractice attorneys serve the best interests of our clients, working to earn them the best result possible.
We Will Hire Medical Experts as Witnesses
An expert witness is a specialist in their industry that provides their professional opinion on medical malpractice cases. An expert witness shares healthcare-centric and technical knowledge that may prove medical negligence. Because of the additional evidence provided, these witnesses often help secure positive outcomes.
An experienced medical malpractice attorney San Antonio is familiar with the best expert witnesses in the area. Janicek Law seeks out the top expert witness on the subject if none are locally available for your specific personal injury.
We Assist with Medical Injury Claim Settlement Negotiations
A knowledgeable and experienced San Antonio medical negligence attorney can help victims win large settlement negotiations in a reasonable amount of time.
A personal injury case begins by trying to reach an agreeable settlement before bringing the case to trial. Insurance settlements are certainly an option for both independent medical experts and hospitals alike. Our law firm’s San Antonio medical malpractice lawyers can help you determine if a settlement offer is complete and fair compensation based on your suffering. We can also help you communicate with claims adjusters and negotiate settlement offers.
Medical errors can be devastating and result in lifelong pain and suffering for those injured. Malpractice survivors can always seek compensation for their losses, but it can be emotionally and financially draining. Call the medical malpractice attorneys at Janicek Law today if you feel severely harmed by medical malpractice.
Can I Sue for a Minor Medical Malpractice Injury?
In Texas, medical malpractice cases are complex and expensive. The state’s caps on compensation often mean it will cost more to pursue a claim than what you could get in damages. Testimony, review, and hours of deposition by expert witnesses are also required – and can come with a high price tag.
So, no, you cannot sue for a minor medical malpractice injury. Because of the high costs and the fact that most personal injury attorneys work on a contingency fee basis, legal teams only pursue major medical malpractice cases.
How Much Time Do I Have to File a Medical Malpractice Lawsuit?
Per the statute of limitations in Texas, you have two years from the date the malpractice incident occurred to file a lawsuit. However, if the exact date of injury is unknown, the clock starts ticking when hospitalization or treatment ends.
Medical malpractice lawyers usually need at least three months to research and prepare the case thoroughly. So an injured person has 18 to 21 months after the harm occurred to start the process.
Do not delay speaking with an attorney if you or a family member suffered harm from a medical mistake. You may not be able to receive compensation if you file your suit late.
What Damages Can I Receive From a San Antonio Medical Malpractice Case?
Should you choose to file a claim, you’ll need documentation of what negligence occurred and how it hurt you. In a medical malpractice claim, injured patients often seek compensation for:
- Past and future medical bills
- Past and future rehabilitative bills
- Emotional distress
- Physical pain and suffering
- Lost wages
- Lost future earning ability
- Damaged personal relationships
- Embarrassment and discomfort
In extreme cases, patients die because of the serious injuries they experienced at the hands of healthcare providers. Those who lose a loved one may seek damages with a wrongful death claim. Potential wrongful death damages include funeral costs, medical bills, loss of consortium, and lost earnings.
How Much is My Medical Malpractice Claim Worth?
A cap limits the total amount of non-economic damages someone can receive for a medical malpractice suit. According to Texas law, a claimant can get up to $250,000 from all health care providers named in the lawsuit, plus an additional $500,000 from all healthcare facilities.
You may also receive economic damages that pay for expenses like lost wages and medical costs, but the exact amounts vary from case to case. Very rarely are punitive damages awarded. These punish a medical professional who hurt patients on purpose.
Note that some medical cases are not medical malpractice. For example, defective medical device injuries are not subject to these limits.