Medical Malpractice

No Upfront Cost and No Fee Unless We Win Your Case!

Medical Malpractice Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas

We fight on behalf of you and your loved ones to receive just compensation for your damages.

Medical Malpractice Injury Attorney

Unlike other types of personal injury cases, the facts necessary to prove a medical malpractice case are almost exclusively based on medical records and the testimony provided by medical experts. In additon to understanding the medical facts, a medical malpractice lawyer must also understand the law and legal issues to effectively prepare a medical malpractice case. Preparing medical witnesses and building a case to present in trial to the judge and jury is crucial to recovering the compensation you deserve.

At Hernandez Law Firm, our medical malpractice attorneys provide compassionate legal representation focusing on victim care and rehabilitation while fighting to secure the maximum compensation for your injuries.

Call us today for a free initial consultation and review of your case.

Common Types of Medical Malpractice

Medical malpractice generally occurs when a patient is harmed or injured by a medical professional through that person’s professional negligence. Specifically, medical malpractice occurs when a healthcare provider fails to act in accordance with the standard of practice in their profession and that failure causes injury or death to the patient. Medical malpractice can occur in hospital emergency rooms, doctor’s offices, ambulances, nursing homes, rehab facilities, or in the context of scheduled surgeries and may involve almost any type of healthcare provider.

Misdiagnosis or Failure to Diagnose a Medical Condition

One of the most common types of medical malpractice that occurs is the failure to diagnose a dangerous medical condition before causing injury. In some instances, unnecessary delay in diagnosis can lead to serious and even catastrophic injuries and consequences. When diagnosed and acted on in a timely manner, most dangerous conditions can be safely and successfully managed and diminished. However, when there is a failure to timely diagnose dangerous conditions, a previously manageable illness can progress into a life-threatening event.

Cases involving failure of a physician to correctly diagnose a problem, or the failure to diagnose it at all is all too common in the medical profession. Certain illnesses and conditions can lead to increased harm and even death when not diagnosed or treated. This includes many types of cancers and other illnesses.

Surgical Errors

Serious consequences arise when a surgeon or a surgical team makes a vital error in surgery. These errors may include amputating the wrong limb, or treating an organ or limb other than the one intended. Many cases involved surgeons performing the wrong procedure or performing it incorrectly, or even unintentionally leaving surgical equipment like sponges or other instruments inside the patient.

Prescription and Medication Errors

Incorrect medication, incorrect dosage or the misadministration of prescription drugs can result in serious harm to the patient, causing temporary or permanent damage.

Birth Injuries

Birth injuries may result in permanent brain development problems, neurological problems, hearing or vision problems, or respiratory or cardiac problems. These issues may arise when an obstetrician or their staff fail to provide the standard of care during pregnancy, or in the course of labor and delivery.

Umbilical cords wrapped around the neck of a fetus can cut off blood supply to the baby’s brain, while improper use of forceps or other instruments can cause short-term or long-term damage to an infant. If you suspect that your child suffered a birth injury, immediately contact an experienced medical malpractice lawyer as you may still have a right to recover under the law.

Other Types of Medical Malpractice

  • Anesthesia
  • Bilirubin
  • Brachial Plexus Injury
  • Brain Cooling
  • Brain Injuries
  • Cancer Misdiagnosis
  • Cerebral Palsy
  • Dental Malpractice
  • Developmental Delay
  • Doctor/Hospital Malpractice
  • ER Malpractice
  • Gastric Bypass Surgery
  • Gestational Diabetes
  • Intrauterine Growth Retardation
  • Kernicterus
  • Medical Misdiagnosis
  • Meningitis
  • Mental Retardation
  • Microcephaly
  • Nursing Home Negligence
  • Nursing Malpractice
  • Paralysis
  • Pitocin
  • Plastic Surgery
  • Post Term Pregnancy
  • Pregnancy Induced Hypertension
  • Premature Delivery
  • Radiology Errors

Statute of Limitations

Under most circumstances, a medical malpractice action for injury or death must be brought within two years from the date the medical malpractice occurred. Determining the statute of limitations in medical malpractice claims can be a complex exercise. Unfortunately for many victims, once the deadline is missed, the injured party may forever lose their right to recover damages for the malpractice. If you suspect that you or a loved one is a victim of medical malpractice, contact Hernandez Law Firm immediately.

Why Hire an Attorney?

A tremendous amount of financial and other resources are required to properly build a medical malpractice case. The Hernandez Law Firm has all the necessary resources, experience and experts to successfully build a case and take it to trial, regardless of how challenging or complex the issues may be.

¿HERIDO EN UN ACCIDENTE DE TRABAJO
O DE CAMIÓN DE 18 RUEDAS ?

How We Handle Your Case

No Upfront Cost and No Fee Unless We Win. There is never a fee unless we win your case. Accidents happen when we least expect them and most victims are not financially prepared for such an emergency. Depending on your injuries, medical expenses can add up quickly, while getting compensated for a case can happen slowly, leaving victims in a difficult situation and desperate for compensation. This often leads to victims accepting far less than their case is worth and prevents them from getting the just compensation they deserve. 

When you hire The Hernandez Law Firm, we are invested in your case from the start. We work for you exclusively on a contingency fee basis. That means we put in our time, effort, and resources to build your case and work with medical professionals to postpone payment until a settlement or verdict is reached. In most cases, you will not be immediately charged for your medical costs and our firm will not receive any fee unless we win or settle your case.

Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, physical evidence, accident scene pictures and video whenever possible. We also speak directly to responding and investigating officers and bring in experts if necessary, to understand the details of the accident.

We also gather evidence about your damages, including talking to doctors so we understand your injuries in detail and your future prognosis regarding your injuries. In addition, we gather evidence of wage losses and lost earning capacity, as well as any other form of loss that may apply to your specific case. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.

Medical Attention. At Hernandez Law Firm, we believe in getting our clients the best medical attention possible for their injuries, as well as just compensation for their damages. After handling hundreds of cases, we are familiar with minor and severe injuries and have numerous doctors in all specialties who we trust to refer our clients. 

We want you to get the best medical care while exploring the best options for your recovery, all while keeping the important evidence that comes from doctor's reports in mind as we build your case. 

Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include past and future medical expenses, lost wages and earnings, decreased earning capacity, pain and suffering, loss of life enjoyment, and any other loss related to the accident.

We thoroughly review your lifestyle prior to and after the accident to ensure that damages are accurately calculated and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.  

Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Insurance companies are not willing to pay compensation unless they are forced to, so they will take every opportunity to pay you the least amount possible. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the insurance company that they need to take this matter seriously. However, many times, insurance companies will offer minimal compensation even for severe injuries and damages. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial. 

Go To Trial. Most of the time, personal injury cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the insurance company does not believe their insured is at fault, or the case is as valuable as you do.

This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Insurance companies are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start. 

We Take Accidents Seriously

Our medical malpractice lawyers take medical accidents very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.

We recognize that medical malpractice accidents often have tragic consequences that affect victims and their families and loved ones in many ways and potentially for the rest of their lives. Loss of income, medical expenses, and psychological trauma deserve just compensation, the same as any other accident. 

When appropriate, we will hire experts and consultants to help evaluate the evidence to determine liability and damages. We will take witness depositions and retain any experts to establish that the cause of death was due to the accident or negligence of the defendant.

We will learn everything we can about your loved one, your family and the loss that you are suffering. We gather all the available evidence and resources to tell the story of your loved one and their sudden and unexpected death so your loss can be fully understood by the defendant and a jury in a court of law.

In this effort, we take statements from friends and family, we use video and photographs and whatever else is relevant to convey the loss that you are suffering.

See What Our Clients Have to Say

Jonny L.

Auto Accident

Mr. Hernandez and staff took great care of me throughout my case. Not only did they provide aggressive representation and had the insurance company on their heels the entire time, they also went beyond my expectations to ensure I got the best medical treatment possible. I highly recommend Hernandez Law Firm. 

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¿HERIDO EN UN ACCIDENTE DE TRABAJO
O DE CAMIÓN DE 18 RUEDAS ?

Hernandez Personal Injury Law Firm

The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.

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    979 822-6001