Medical Malpractice in San Antonio, Texas - Common Causes & Legal Rights of Victims

When a medical provider makes a negligent mistake, he or she is liable for the damages to the patient under medical malpractice. The damages from medical malpractice can range from minor to deadly, and each victim deserves compensation for their injuries. A personal injury lawyer can help victims suffering from monetary and non-monetary medical malpractice injuries.

The San Antonio personal injury attorneys at Carabin Shaw have decades of experience with medical malpractice claims, and we can help you hold your medical provider accountable for negligence. We offer our services on a contingency-fee-basis, so you don’t have to add upfront legal fees to your list of burdens after a medical injury. Read our client reviews to discover why so many San Antonio residents trust us with their medical malpractice cases.

Medical malpractice is not the same thing as a poor medical outcome. You cannot sue a medical provider for actions that aren’t medical negligence in Texas. However, the law holds physicians to a certain standard of care, and if they do not achieve this level of care, the court may consider it medical malpractice.

Examples of common medical malpractice injuries in Texas include:

• Incorrect diagnosis: A patient's misdiagnosis can lead to incorrect treatments that may worsen or neglect to improve the condition.
• Infection: Hospital-acquired infections can cause illnesses and deaths unrelated to an initial diagnosis.
• Surgical objects left in the body: Forceps, gauze, and other surgical items may accidentally be left in a patient's body.
• Medication errors: Dispensing a medication contrary to the patient’s diagnosis or co-existing medical conditions can cause injuries to the patient.
• Failure to get informed consent: The provider must inform the patient about the type of procedure, expected outcomes, and risks involved.

Medical malpractice claims are almost always accidental, but in cases of severe patient endangerment or intentional misconduct, there may be criminal charges or the suspension of medical licenses outside of civil court. Causes of medical malpractice include:

• Failing to monitor a patient’s progress
• Understaffing
• Off-label prescribing
• Experimental treatment
• Fatigue
• Drug or alcohol abuse

The challenge for your medical malpractice lawyer in San Antonio is proving the cause of the medical malpractice so you can prove negligence. Evidence of malpractice includes medical records, expert testimony, witness observations, and photos of injuries. This medical information can be difficult for patients to obtain, so hiring an experienced lawyer is advisable.

When seeking compensation for a medical malpractice injury, victims may feel like the odds are stacked against them. However, hospitals and medical providers must abide by the law and provide the evidence necessary for personal injury attorneys in San Antonio TX, to prove your case. The rights of medical malpractice victims include:

• The right to all requested medical records
• The right to only disclose relevant protected health information (PHI)
• The right to seek economic and noneconomic damages
• The right to hire a lawyer to represent you in an insurance claim or lawsuit

Hiring an attorney ensures that you protect your rights and have a clear compensation pathway. Without legal representation, it can be challenging to know where to search for records, how to protect the release of your entire medical record, and how to compute your damages for fair medical malpractice compensation.

Computing damages allows you to maximize your medical malpractice claim. Economic damages include current and future medical costs, loss of income, and travel costs. Noneconomic damages include pain and suffering, as well as mental anguish. Texas limits noneconomic damages to $250,000. The court may award additional punitive damages.

At Carabin Shaw, our team is skilled at gathering the evidence you need to calculate a claim that covers all your injuries. Call our toll-free number at 800-862-1260 for a free case review. We have English- AND Spanish-speaking staff ready to speak to you 24/7.

For more information:

• American Bar
• Texas Statutes
• Texas Statutes