Texas Medical Malpractice Claims & Lawsuits

San Antonio Malpractice Attorney Michael Grossman Explains The Process of Filing a Medical Malpractice Lawsuit

When a medical professional of any kind (including doctors, surgeons, dentists, psychologists, psychiatrists, nurses, therapists, etc.) causes an injury to a patient due to carelessness or negligence, the injured patient may be eligible to file a medical malpractice claim and seek compensation for his or her injuries.

But the process of filing a medical malpractice claim is incredibly technical and complex, and far over the head of most non-attorneys (and a lot of attorneys). But San Antonio medical malpractice litigation attorney Michael Grossman at Grossman Law Offices has the experience necessary to help you build a strong case. He is here now to give you a general picture of what medical malpractice litigation looks like.

In general, the process starts like this: a patient feels that he or she has suffered some sort of injury or further illness due to the negligence of a medical professional. The victim (also called the plaintiff) would then seek out the opinion of a second medical professional in the relevant field. The plaintiff seeks out this second opinion because whether or not a medical professional was negligent is determined by comparing that medical professional’s actions (or inaction) to a standard of care set by other reasonable professionals in the field. Simply put, medical professionals have a responsibility to care for their patients’ health in particular ways, and when a particular medical professional does not adhere to the standard level of care set by other professionals in his or her field, that medical professional is being negligent.

If the plaintiff receives a second opinion that confirms that the defendant was acting negligently, then the plaintiff would contact the defendant’s insurance company and file a medical malpractice claim. The case then proceeds to discovery, like all tort cases. During discovery, the plaintiff’s attorneys and the defendant’s attorneys will meet and discuss their options. This process typically includes depositions, gathering of various documents, and interviews with expert witnesses (this is especially common in medical malpractice cases due to the complexity of the subject material, and gathering the right expert witnesses can be pivotal to a claim’s success).

If the defendant and the plaintiff cannot reach an agreeable settlement during the discovery phase, then the case will go to trial. But you should know that medical malpractice laws greatly favor medical professionals over injured patients. In recent years, legislators have revised medical malpractice regulations to make medical professionals even more resistant to lawsuits. Very specific conditions must be met and your case must be filed in a specific way if you are to receive any compensation at all. Most non-attorneys have no idea these conditions even exist, and they cannot file a suit in such a way as to meet them. Thankfully, our legal professionals have extensive experience with medical malpractice cases both before and after the tort reform, and we know how to make sure that your case meets all the necessary standards.

Another problem non-attorneys will face is that it is difficult to actually recover any money in a medical malpractice claim. The recent tort reform has placed a cap on general damages of $250,000. General damages include compensation for things like mental and emotional turmoil, physical pain and suffering, and disfigurement. There is no such cap on special damages, but the plaintiff will not see much of this money. Special damages cover costs like medical bills and lost wages. In almost all cases, a large portion of the special damages goes straight back to the doctor for medical treatment, while compensation for your lost wages just helps you break even. Even in cases where a medical malpractice victim is awarded seven digits or more, the plaintiff might not actually receive a large portion of that money.

But the attorneys at Grossman Law Offices can help you build a strong case and ensure that you receive the largest amount of compensation possible. We know how to thoroughly investigate a patient’s injuries and calculate the true amount of damages the plaintiff should receive. We then build a comprehensive case, including numerous expert witness testimonies, to ensure that the responsible medical professionals take responsible for their negligence. We have a successful track record of hundreds of cases, and we have been practicing for twenty years. Insurance companies and healthcare providers know how successful we have been, and they will often offer our clients a sizable settlement simply because they do not want to face our attorneys in court. We can often secure our clients a fair settlement without the hassle of taking a claim to trial. So if you or a loved one has been hurt due to a medical professional’s negligence, do not let that negligence go unpunished. Let our firm help you receive the compensation you need and the justice you deserve. Contact experienced San Antonio medical malpractice lawyer Michael Grossman at Grossman Law Offices today.