Strong Advocacy When You’ve Been a Victim of Medical Negligence
When you’ve been involved in an accident or are feeling poorly, you go to a doctor. You know that medical professionals are not miracle workers, but you expect, at a minimum, that they use a reasonable standard of care when evaluating, diagnosing and treating you, that you won’t face complications because of the carelessness or negligence of a doctor, nurse or other medical practitioner.
Unfortunately, in too many medical practices today, the focus is on profitability over patient care. Corners are often cut, often with devastating consequences. If you or someone you love has suffered any type of loss or injury because of medical negligence or malpractice, you want a proven attorney to help you pursue full and fair compensation for your losses. You want Bailey & Galyen.
At Bailey & Galyen, we have protected the rights of victims of medical carelessness in Texas for more than 40 years. Since we founded our firm, we have recovered hundreds of millions of dollars in personal injury verdicts and settlements, including many positive results in medical malpractice lawsuits. We built our successful practice on hard work, strong listening skills and a commitment to unparalleled client service and satisfaction. We’ll keep you up-to-date about any developments in your case, and carefully explain your options, as well as your likelihood of success, so that you can make informed decisions about how you want to proceed. We understand the importance of regular communication with counsel and will respond to all phone calls and emails as soon as possible.
For a private consultation with aknowledgeableSan Antoniomedical malpractice lawyer, contact Bailey & Galyen online or call our offices at 844-402-2992. There is no charge or obligation for your first meeting.
What Is Medical Malpractice in Texas?
Texas defines medical malpractice as a form of legal negligence arising out of or involving the provision of healthcare or medical services. Under the legal concept of negligence, as it has evolved over hundreds of years, all persons in society, including medical personnel, mustact reasonably in everything that they do.When they breach that duty of care by failing to act reasonably, they can be held responsible for any losses incurred. Because of the high level of trust placed in doctors and nurses, though, as well as the potential consequences of carelessness by a physician or other medical professional, the standard of care required of doctors and nurses is greater than that of ordinary persons.
What Is the Standard of Care in a Medical Malpractice Claim?
In an ordinary negligence claim (such as a slip and fall or motor vehicle accident), a defendant will only be liable if his or her behavior was not consistent with what an ordinary person of average prudence would do. Inmedical malpractice claims, though, the defendantwill be held to the following standard:
- That of a reasonably competent and skilled health care professional
- With similar training and experience
- Working in the same medical community
- Under the same circumstances
What Are the Most Common Typesof Medical MalpracticeClaims in Texas?
The majority of medical negligence claims in Texas involve:
- Misdiagnosis of or failure to properly diagnose a medical condition—Failure to order necessary tests, incorrect reading or interpretation of lab results, carelessness in observing and documenting symptoms
- Surgical errors, such as performing the wrong surgical procedure, operating on the wrong part of the bodyor carelessly leaving surgical tools or other items in a body cavity after surgery
- Anesthesia errors
- Mistakes in the administration or prescription of medications
- Birthinjuries, such as hypoxia (lack of oxygen), Erb’s palsy, shoulder dystocia, forceps and suction device injuries
What Is Required to Prove a Medical Malpractice Claim?
To establish liability in a medical negligence case, you must demonstrate to the jury:
- Thatyou had a doctor-patient relationship with the defendant,thereby establishing the duty of care
- That the defendant breached (failed to meet) the duty of care—Typically, your lawyer will rely on an expert witness to provide testimony regarding the necessary level of care. Jurors will thendetermine whether the defendant’s conduct met that standard of care.
- That, because of the defendant’s breach of the duty of care, you suffered loss or injury—You must establish that, but for the defendant’s carelessness, you would not have suffered any injury. You must also show that the injuries you suffered were a reasonably foreseeable result of the failure to meet the standard of care.
- That you incurred actual losses—You cannot recover for any losses that werereimbursed by your insurer or that were otherwise paid or covered
What Types of Losses Can Be Recovered in a Medical Malpractice Lawsuit?
Medical malpractice is essentially a personal injury claim. As a general rule, after you have suffered a personal injury, you can recover damages for:
- Lost wages or income
- Medical expenses resulting from the medical malpractice that are not covered by insurance
- Physical or emotional pain and suffering caused by the medical negligence
- Your loss of companionship or consortium (the ability to enjoy close or intimate relations with family) due to the medical negligence
- Any loss of enjoyment of life, such as the ability to engage in ordinary acts of daily life or participate in activities/hobbies that previously brought joy, satisfaction or contentment
How Long Do You Have to File aMedical MalpracticeClaims in Texas?
Pursuant to the Texas statute of limitations for personal injury, you must file your complaint within two years of the date of the malpractice. However, the amount of time you have to file your claim may be extended if your injuries were of a nature that could not reasonably be discovered for some period of time after the actual negligence occurred. In those situations, the two-year period will only start to run whenyoushould have reasonably discovered your loss. The period may also besuspendedwhile you undergo treatment for the injury. A caveat, though—the 10-year “statute of repose” on medical malpractice in Texas prohibits the filing of amedical malpractice action more than 10 years after the alleged mistake occurred.
Why HireBailey & Galyen to Help You with a San Antonio Medical Malpractice Claim?
The attorneys at Bailey & Galyen have obtained positive results in medical malpractice cases for more than four decades. We will:
- Promptly and thoroughly assess your case, so that you can decidewhether it’s in your best interests to pursue a settlement or take your case to trial
- Draft and submit all documents required to protect your rights
- Aggressively advocate for you in all hearings, meeting or proceedings
- Handle all matters related to expert witnesses
- Use our proven trial skills to effectively present your case to a judge and jury
Contact Us for a Free Evaluation of Your Case
At the law offices of Bailey and Galyen, with offices throughout Texas, we are committed to your total satisfaction. Our phones are answered 24 hours a day, seven days a week. We can meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
To schedule a free initial consultation to discuss your medical malpractice claim, call our offices at 1-844-402-2992 or contact us by e-mail. We handle all medical negligence claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
