Medical Malpractice Attorney Texas Maloney and Maloney Lawyer

If you have been severely injured or have lost a loved one in an accident or negligent medical result, please contact us at 1-800-272-1025 to discuss how we can represent your interests.

As the premier medical malpractice attorneys in South Texas, our legal team at the San Antonio firm of Maloney and Maloney represents individuals who have died or suffered extensive injuries resulting from negligence of a medical provider, such as a hospital, physician, nurse practitioner. We handle all types of cases related to medical negligence, including failures to diagnose conditions, surgical errors, improper medical specialist referrals, lab test errors, and hospital malpractice such as malnutrition and birth injuries.

Our medical malpractice group is led by attorneys Marynell Maloney and Dale Hicks, both of whom are board certified in personal injury trial law by the Texas Board of Legal Specialization. The experience and compassion we bring to our medical negligence cases are unmatched.

Medical Malpractice - An Overview

When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that the doctor's years of experience and training will result in excellent treatment of your ailment. But in truth, physicians are only human and as such, errors are always possible. Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient.

Negligence by a medical professional could include an error in a diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a case could arise against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities.

Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as the result of negligence. However, malpractice suits are often complex and costly to win. While theoretically, you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or resolves quickly. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim is worth pursuing.

Understanding Informed Consent

In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed.

Responsible Parties in Medical Malpractice Actions

Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes.

Prescription Medications: Things You Should Know

While prescription medications have enabled us to overcome or cure illnesses that were often fatal only decades ago, prescription medications can also be confusing, dangerous, and expensive. The following contains information on how to read prescriptions, how to take them, and how to respect them.

Res Ipsa Loquitur

Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant should have done under applicable professional standards. Since medical organizations generally discourage those in the medical professions from testifying against one another, it is difficult to find experts who have the integrity to come forward and testify as to misconduct by one of their peers. In addition, many insurance companies providing coverage to health care providers require that they not testify against other providers who are insured by the same company.

Medical Malpractice Resource Links

American Medical Association
Special patient section dedicated to helping patients find a wealth of information that will help them lead healthy lives and become active participants in their health care from nutritional and fitness articles to content about specific medical diseases and conditions.

CDC Health Topic
Injuries From the Centers for Disease Control and Prevention. Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.

Division of Quality Assurance
U.S. Department of Health and Human Services. Links to National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.

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Frequently Asked Questions about Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital or hospital worker, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.

Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.

Q: What should I do if a think I have a medical malpractice claim?

A: You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.