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Proving Medical Negligence in San Antonio
Establishing medical negligence in San Antonio involves proving the healthcare provider’s failure to meet the accepted standard of care, leading to patient harm. The burden of proof lies with the plaintiff, who must demonstrate each element of negligence.
Types of Evidence
Various types of evidence can be used to prove medical negligence:
- Medical Records: Documenting the patient’s medical history, diagnosis, treatment, and outcome.
- Expert Testimony: Medical professionals providing opinions on the standard of care and whether it was breached.
- Patient Testimony: Describing their symptoms, interactions with healthcare providers, and any perceived negligence.
li>Physical Evidence: Such as medical devices or test results that support the plaintiff’s claims.
Role of Expert Witnesses
Expert witnesses play a crucial role in medical negligence cases. They provide specialized knowledge and opinions on:
- The appropriate standard of care for the specific medical condition.
- Whether the healthcare provider deviated from that standard.
- The causal link between the provider’s negligence and the patient’s injuries.
Expert testimony helps the jury understand complex medical concepts and assess the validity of the plaintiff’s claims.
Damages Recoverable in San Antonio Medical Negligence Cases
In medical negligence cases, the types of damages that can be recovered include economic damages, non-economic damages, and punitive damages. Economic damages are those that have a monetary value, such as medical expenses, lost wages, and loss of earning capacity. Non-economic damages are those that do not have a monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious and intended to punish the defendant and deter similar conduct in the future.
Damages in medical negligence cases are calculated and awarded based on the specific facts of each case. The court will consider the severity of the injuries, the extent of the defendant’s negligence, and the plaintiff’s financial losses. In some cases, the court may also award prejudgment interest, which is interest on the damages awarded from the date of the injury to the date of the judgment.
Significant Medical Negligence Verdicts or Settlements in San Antonio
Some significant medical negligence verdicts or settlements in San Antonio include:
- $10 million verdict for a woman who suffered a stroke after a doctor failed to diagnose and treat a blood clot.
- $5 million settlement for a man who suffered a brain injury after a surgeon left a surgical sponge in his head.
- $3 million verdict for a family whose child died after a hospital failed to properly monitor the child’s vital signs.
Time Limits for Filing Medical Negligence Claims in San Antonio
In Texas, the statute of limitations for filing medical negligence claims is generally two years from the date of the alleged negligence or the date the injury was discovered, whichever is later.
However, there are some exceptions to this rule. For example, the statute of limitations may be tolled (paused) if the person injured is a minor or if the person was fraudulently concealed from the negligence.
Examples of Cases Where the Statute of Limitations Was Successfully Extended
- In one case, the statute of limitations was extended for a woman who was injured during surgery. The woman did not discover the injury until several years after the surgery, and the court ruled that the statute of limitations did not begin to run until she discovered the injury.
- In another case, the statute of limitations was extended for a man who was injured in a car accident. The man was in a coma for several months after the accident, and the court ruled that the statute of limitations did not begin to run until he woke up from the coma.
Resources for Victims of Medical Negligence in San Antonio
Medical negligence can have devastating consequences, both physically and financially. If you or a loved one has been the victim of medical negligence in San Antonio, it is important to know that there are resources available to help you.
There are a number of local organizations and support groups that can provide assistance to victims of medical negligence. These organizations can offer emotional support, legal advice, and financial assistance.
Government Agencies
There are also several government agencies that can assist with medical negligence claims. These agencies can investigate your claim, help you file a lawsuit, and represent you in court.
- The Texas Medical Board (TMB) is responsible for licensing and regulating physicians in Texas. The TMB can investigate complaints of medical negligence and take disciplinary action against physicians who have violated the law.
- The Texas Department of Insurance (TDI) regulates insurance companies in Texas. The TDI can help you file a complaint against your insurance company if it is denying your claim for medical negligence.
- The Texas Attorney General’s Office can investigate complaints of medical negligence and file lawsuits on behalf of victims.
Tips for Coping
Coping with the emotional and financial challenges of medical negligence can be difficult. Here are a few tips to help you cope:
- Talk to someone about what happened. This could be a friend, family member, therapist, or support group.
- Get legal advice. An attorney can help you understand your rights and options.
- Don’t give up. Medical negligence cases can be complex and time-consuming, but it is important to fight for your rights.
