Medical Errors | Pharmaceutical Negligence | Misdiagnosis | Defective Drugs | Birth Trauma
Modern medicine has become highly specialized. Advances in medical technology often make it increasingly difficult for the average patient to assess a doctor’s recommendations for medicine, treatments, and therapy, then evaluate the quality of care they receive.
The medical profession upholds a standard of care that healthcare practitioners are obligated to meet. When doctors, nurses, chiropractors, and other healthcare professionals fail to meet industry standards, they are subject to allegations of medical malpractice.
What is Medical Malpractice?
Medical malpractice is an area of personal injury law that covers any injury or harms a patient suffers because a doctor, nurse, psychologist, or other medical practitioner failed to perform his duties according to acceptable medical practices.
Medical malpractice occurs when a negligent act or omission by medical professional results in damage or harm to a patient; and laws governing medical negligence or liability are designed to protect patients’ rights to pursue compensation if they are injured.
Liability for medical malpractice can arise from:
A delay or failure in diagnosing a disease
A surgical or anesthesia-related mishap occurs during an operative procedure
A doctor’s failure to gain informed consent from a patient for an operation or surgical procedure
A physician making a correct diagnosis, but failing to properly treat the injury or illness
An incorrect prescription
Improper drug prescription for, or the surgical insertion of, a medical device or implant
A medical malpractice case can be filed against:
The doctor, if his actions deviated from generally accepted standards of practice
The hospital, for problems such as improper care, inadequate training, poor sanitation, or dispensing of incorrect medications.
Local, state or federal agencies that operate hospital facilities
As with all personal injury cases, state law limits the time during which legal action must take place. Lawsuits filed against healthcare providers must be filed within two years of the date that the act causing the injury occurred. Children under 18 must file a medical malpractice action by their 20th birthday.
In order to evaluate if you have been a victim of medical negligence, you will need an experienced lawyer particularly skilled in representing medical malpractice cases.
The experience of our Law Office enables us to effectively handle medical malpractice claims. Our firm has access to private investigators and medically trained expert witnesses who can assess medical malpractice cases and determine if the harm you suffered was created by the medical professional’s negligence.
Contact Us for Legal Help
If you believe you have a medical malpractice claim, it is important to consult with an attorney as soon as possible to help you determine your best options. When you need legal advice and guidance regarding medical negligence, please contact our office to take advantage of our no cost, no-obligation case evaluation, and learn how we can help.
Our Main Office:
Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215