What Damages Can I Recover in a San Antonio Medical Malpractice Case?
Medical malpractice is a breach of trust between patient and medical care provider, notably when the practice deviates from the standard of care, thus causing harm to a patient. According to a 2016 study by Johns Hopkins, medical malpractice is the third leading cause of death in the United States. If you’re in San Antonio and have suffered from medical malpractice, you may be wondering, “What damages can I recover in a San Antonio malpractice case?” The answer is quite a lot. Medical malpractice can be a complicated topic, but luckily there is a San Antonio medical malpractice law firm, Carabin Shaw, awaiting your call today.What is Medical Malpractice?
Medical malpractice is when a medical professional causes harm to the patient through negligence or omission. In a medical malpractice case, the following concepts are key:
- Duty: You must be able to establish a sense of duty between doctor and patient.
- Dereliction: The duty to the patient is “unfulfilled” by the standard of care—the doctor handles the patient with negligence.
- Damage: Because of the dereliction of duty to the patient, the doctor causes harm to the patient. Harm can include physical pain, mental pain, costly medical bills, or inference of one’s quality of life.
- Direct: The dereliction of one’s duty is the direct cause of the patient’s harm.
Proving a medical malpractice case can be complicated, which is why speaking to a lawyer about your case is imperative. If you have suffered damages from negligence in the San Antonio area, do not hesitate to reach out to a lawyer.Common Types of Medical Malpractice
Understanding different types of medical malpractice may help you better understand if you have a solid case. Some medical malpractice case examples include:
- Surgical errors
- Improper treatment
Medical malpractice is a serious offense. If you have suffered injuries because of negligence, find an attorney. The San Antonio hospital negligence attorneys with Carabin Shaw are your best bet because they understand the complexities of medical malpractice cases. If you are in San Antonio, advocate for yourself and others by sharing your story with our team.Medical Malpractice Outcomes
If you believe you have a strong case, it is worth knowing the medical malpractice lawsuit outcomes and what damages you can recover in a San Antonio medical malpractice case. Damages are compensation for the patient. The average payout for a medical malpractice lawsuit differs depending on the type of case and its severity. Averages are between roughly 30 thousand to over a million. The payouts for these cases are often significant. The tradeoff, however, is that these cases can take some time.Filing a Medical Malpractice Claim in Texas
Medical malpractice occurs in all 50 states, including Texas. If you feel you have a case, here are some things to do before filing a medical malpractice case:
- Talk to your doctor: Talk about what may have gone wrong during your treatment and if they are willing to admit fault or correct their mistake.
- Talk to a lawyer: You’ll want to talk to someone trained specially in medical malpractice lawsuits. Speaking to a local San Antonio medical malpractice lawyer is your best bet.
- Know the statute of limitations: The statute of limitations is the window of time you have to file a case. In Texas, you must file within two years of the incident. If you cannot determine precisely when harm occurred, then it is within two years of last treatment.
Filing a medical malpractice claim through a San Antonio medical malpractice lawyer is your safest bet for securing justice and compensation. If you have a solid case, you may be entitled to damages. If you want to know what kind of damages you can recover in a San Antonio medical malpractice case, contact our team at Carabin Shaw.
The professional attorneys at Carabin Shaw understand how difficult it can be to go through San Antonio medical malpractice cases, and we are willing to help you develop your case and recover your rightful damages. Call us today to schedule a free consultation with our San Antonio hospital negligence attorneys at 800-862-1260.