Doctors, nurses, and other medical professionals receive many years of training in order to take on the responsibility of helping others. Caring for the physical and mental wellbeing of other people can have life and death consequences, making it absolutely necessary that medical professionals approach each patient with the highest degree of attention. In a medical malpractice lawsuit at San Antonio, claimants look to seek damages when a medical practitioner fails to meet these expectations.
Not All Errors Constitute Malpractice
It’s important to bear in mind that not all errors made by doctors will be considered grounds for a medical malpractice lawsuit. A medical malpractice suit must prove that the attention a patient received fell below what’s called the “standard of care.” If another reasonably cautious practitioner would have made the same call under similar circumstances, the loss may not have been avoidable. Our San Antonio personal injury lawyers can help by reviewing your case and enlisting medical experts for their opinions.
Errors in Treatment
While every individual’s case is unique, most examples of medical malpractice will fall into one of these scenarios:
- Signs of an illness are missed (or misdiagnosed) and treatment is delayed.
Failing to receive treatment, or receiving the wrong treatment for an illness due to misdiagnosis, can cause serious harm to a patient. For many illnesses, timing is everything—and a lapse before receiving the right care may cause additional complications. - The treating physician fails to refer the patient to a specialist.
Most doctors operate in one or more areas of medicine. When a patient’s problem falls outside of the scope of their specialization, it is the doctor’s responsibility to direct them to another medical professional who is qualified to help them. - The doctor does not adequately warn their patient of the risks associated with a certain treatment.
It is your doctor’s responsibility to make sure you understand the risks associated with any medication or treatment they prescribe to you. In the eyes of the law, a person cannot properly consent without being fully informed of the risks.
The Statute of Limitations in Texas
In the State of Texas, the victims of medical malpractice suits must act quickly to file their lawsuit. Apart from a few exceptions, the State requires suits to be filed within 2 years of the negligent act or omission. This leaves very little leeway for individuals who may only discover the error after time has passed. Contact a San Antonio Medical Malpractice lawyer as soon as possible to determine if you are eligible to file.
Our Personal Injury Lawyers
Our law firm is known for taking an aggressive stance on behalf of our clients. We will work to make sure that your rights are protected. If you are ready to know your legal options, contact us today for a free case evaluation with a member of our team.
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.
