Who is Responsible for Medical Malpractice in San Antonio
Determining who is responsible for medical malpractice in San Antonio can be a complex and sometimes lengthy process. As a hub of medical care in the Southwest, San Antonio boasts over 24 hospitals and an untold number of nursing homes, pain management clinics, physician groups, and other medical providers. With each and every provider, there exists the potential for medical negligence, and negligence resulting in an injury can lead to a medical malpractice lawsuit.
Winning a medical malpractice lawsuit isn’t easy; hospitals and medical groups are prepared for them with specialized insurance and lawyers. It takes experience and skill of practiced and seasoned medical negligence lawyers, like that of the attorneys at Carabin & Shaw of San Antonio, who have over twenty-two years of experience.
It is important to understand that medical malpractice is the legal term used to define the type of lawsuit; negligence defines the characteristics of the lawsuit. When a medical provider or a facility is provides substandard care – or is negligent – and an injury results, you may want to consider filing a lawsuit against all those involved.
Before the attorneys at Carabin & Shaw’s law offices in San Antonio can file a medical malpractice lawsuit, there are two conditions that must be met. The first is clear proof of negligence; negligent acts can be as varied as the medical services and providers. The key is examining the damages reported by the patient; then bring in medical experts to review records and give a diagnosis that matches the suspected malpractice.
An example of negligence is when a provider fails or neglects to follow, or deviates from the standard protocol of medical care for a given condition, symptom, or diagnosis. To be considered eligible to file a medical malpractice lawsuit, the negligent act must also result in an injury to the individual.
The following are a few examples of negligence which may constitute grounds to file San Antonio medical malpractice lawsuit.
- Misinterpretation of lab results, or failing to read them at all, resulting in failure to provide a diagnosis or treatment.
- Surgical errors, such as removal of wrong extremity.
- Misdiagnoses, such as a diagnosis of Chronic Fatigue instead of Lupus.
- Discharge from the hospital before medically appropriate, including without pain management.
- Injuries during childbirth either to the mother or baby; injuries can also occur during the prenatal care period.
- Errors while administering anesthesia; injuries can occur as a result of over sedation or under sedation.
- Errors in medication doses; errors occur when the wrong strength is prescribed. They can also occur when medicines are contraindicated based on other medications an individual is taking.
Once the negligent act is determined to be connected to the victim beyond the shadow of a doubt, next we must determine who is responsible for medical malpractice in San Antonio; liability can include the doctor or the health care facility; potentially anyone involved in the ill care that resulted in you or your loved one’s injury. Our Carabin & Shaw attorney will also discuss with you what action you should consider, and if it would be wise to you can and should move forward with a lawsuit.
To successfully win your case, our Carabin & Shaw San Antonio medical negligence attorney must be able to prove that you or your loved one suffered an injury as a direct result of negligence or omission. Examples of injuries or misdiagnoses that might occur as a result of negligence or omission to act:
- Diagnosis of Chronic Fatigue Syndrome when a person actually has Lyme Disease due to failure to order appropriate lab test and looking at symptoms only.
- Amputation of the wrong extremity; this type of surgical error occurs as a result of a failure to talk to the patient prior to surgery, mark the appropriate extremity and review the patient’s records.
- Patients discharged too early from the hospital can result in unclear discharge orders, such as an Elderly patient not understanding how to take medications and overdosing; this type of injury can occur as a result of poor discharge planning from a facility.
- Small and premature birth of infants can result from a physician failing to identify preeclampsia during a mother’s pregnancy.
- Nerve injuries, brain damage, even death can result from negligence during administration of anesthesia.
- An example of medication error might be prescribing medications containing sulfa to a patient with known sulfa allergies.
As you can see, identifying the existence of negligence, the resulting injuries that may have been caused and then determining who is responsible for medical malpractice in San Antonio can be a complex process. Our attorneys at Carabin & Shaw are the experts in the medical negligence field, and we’re here to help.
Call us today for a free consultation in San Antonio at 210-222-2288. We’re available 24/7 to help you find the path to healing you need.