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The Powell Law Firm Fights for Victims of Medical Malpractice
The Powell Law Firm is one of the few law firms in San Antonio that continues to pursue medical malpractice claims on behalf of our clients. Many lawyers refuse to handle these of claims because they are complex to prove and difficult to pursue. Large insurance companies, healthcare corporations, and medical professional will team up to aggressively fight these claims, only paying out after a long legal battle.
But The Powell Law Firm is not intimidated, and has successfully sued some of the largest insurance companies in the country. Our 20+ experience in handling medical malpractice cases gives us a strong understanding of what it takes to successfully pursue your case. We’re here to help. Call us today, and we’ll review your case for free.
What is Medical Malpractice?
While healthcare professionals are only human and certainly make mistakes, they are held to certain standards of care and levels of training. When patients are injured as a direct result of the healthcare professional’s failure to follow those standards of care or because they lack training, those mistakes are not O.K.
Standard of Care
So, what is the the standard of care of that you should expect? In the legal world, “standard of care” is generally understood to be the accepted practices and procedures used by medical professionals when treating patients with your same disease or disorder (and under the same or similar circumstances), in the geographical area in which you were treated.
To prove that this standard of care was violated, The Powell Law Firm will hire a medical expert who will examine your medical records, and create a report that details:
- Your injuries
- The proper standard of care
- What the medical professional did that violated (breached) the standard of care
- How that breach caused the damage
- The details about your future care
Medical Malpractice claims that we purse include:
- Failure to diagnose
- Wrong diagnosis
- Missed Cancer diagnosis
- Failure to order a proper test
- Surgical error/ wrong surgery
- Surgical negligence
- Birth injuries
- Brain injuries
- Medication errors
- Dangerous drugs
- Defective medical devices
- Failure to treat
- Hospital-acquired infection
- Hospital negligence or malpractice
- HMO negligent managed care
- Falls in a hospital/hospice
- Wrongful death
Statute of Limitations
In addition to proving that the standard of care was violated, meeting the Statute of Limitations is another essential element of a medical malpractice case. In Texas, the Statute of Limitations is 2 years from the time the malpractice occurred. This is essentially a time limit. If you don’t file your case before the time limit expires, you won’t be able to recover for your injuries. There are some very limited exceptions to this strict standard, and we can review those with you on a case by case basis.
It is important to know that medical malpractice cases can be lengthy, complex and expensive. Sometimes, despite the fact that your injuries have changed your life, pursuing a lawsuit would only drain your wallet instead of make you whole. Jon will review the facts of your case and help you decide whether filing a lawsuit is worthwhile for you.
Client Testimonial
"My wife died in June 2001. I believed her death was due to the negligence of her doctors, a medical group and her HMO insurance company. When I approached Jon, he had several medical experts review my case and ultimately filed a lawsuit on my behalf. In 2005, after 19 days of trial and three days of jury deliberations, the jury returned a verdict in our favor. The defendants’ attorneys filed multiple motions to dismiss the case and then overturn the verdict but none were successful. Jon and his co-counsel worked long and hard for my family and me and it is because of their dedicated belief in our case that it was successfully resolved. My family and I have referred and will continue to refer individuals to him because we know he will listen, use all resources available to him and will work hard to get answers for anyone who believes they have been wronged."
- John S.
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