Texas Medical Malpractice Legal Questions

If the conduct of the hospital staff fell below the standard of care for health care providers in their particular field of medicine and their acts or omissions proximately caused you damages, you may be able to recover for medical malpractice.  Only another medical expert can tell you if that is the case.The circumstances you describe would likely be a significant part of any medical history which health care providers often use in making a diagnosis.  This type of case tends to be expensive and, unless you suffered very serious health consequences as a result of the hospital's conduct, you should not think that an attorney will accept your case on a contingency fee.  You should presume that your mandatory expert report will cost you $5,000-10,000 out of pocket and, if you have to go to trial, your expert will likely demand at least another $10,000 to testify on your behalf.Some of your complaints--1) being told not to vomit over the rail; 2) having security accompany you to the restroom to collect a urine sample; and 3) a nurse saying something rude to you--do not constitute actual torts which would support a cause of action but may be peripherally relevant.... Read More

You may have a claim here, depending on the facts of your experience particularly during the stress test. Your doctor/staff/hospital would have had a duty of care that must have been met. Whether they did meet that standard would depend on the care provided during that visit. For example, if a reasonable doctor would not have allowed for the treadmill to be brought to the speed at which you were tested, then the duty of care was not met. The office would has have been required to provide you with informed consent regarding all testing.... Read More

I do accept medical malpractice cases in Texas.  Nerve injury case are difficlut to pursue for two reasons.  First, nerve injury is often a potential risk of surgey, and the injury can occur even in the presence of excellent surgical care.  Second, nerve injuries can resolve on their own, but often take up to a year to return to normal.  If one year since the surgery has passed and the problems have not improved, then it would be worthwhile to gather the medical records and have them reviewed by a qualified attorney. Due to the state of the law in Texas (tort reform), a case can typically only be brought when the patient suffers death or a permanent and debilitating injury.  The reason for this is that Texas law imposes severe restrictions on the amount than be recovered in medical malpractice cases and the cases are very expensive to prosecute.  Therefore, the injury or loss must be severe enough for the limited recovery to offset the expense involved in the case.... Read More

Hello Patricia, I am sorry to hear about this fiasco. There are two issues. It looks like the proof and the evidence shows that there was negligence based on hospital malpractice. Don't know if the statute of limitation would be a bar to recovery, but it certainly would be worth investigating. I am a member of the Florida and Texas bar and I do have my cocounsel who has a California license so we both would be interested in looking at this case. Feel free to call next week at your convenience. Thank you very much.... Read More

Do you know the reason why ten days passed before they had you back for D & C? One ppossibility is that they missed the fact that the placenta (or part of it) was retained.  If so, this is could be breach of the standard of care. The issue with a case like this is damages. I sounds like you had a rough time during those ten (10) days, which I do  not discount, but Medmal cases are very expensive to bring now because of the expert withess requirements. If you were in ICU/coma, etc during the 10 days, and especially if you still have lasting damage/injuries, your case could be economically viable for someone to review and possibly file. Unfortunately the Texas legislature has tilted the deck in favor of doctors and hospitals, with onerous expert requirements and caps on damages, so that very few Plaintiff's law firm take on medmal cases, and those that do are very selective. I have both defended doctors and reopresented patients through trial, so I have a pretty good idea of the costs and what it takes to get by the initial expert report requirement.  I would be interested on hearing more about your injuries, both during the ten day time perios, and after the DNC.    ... Read More

Based on these facts alone, it is impossible to answer your question.  Plaintiffs in almost all medical malpractice cases must adduce evidence in the form of sworn testimony of a qualified expert that the defendant was guilty of negligence that caused an injury.  In order to secure a review of the case by an appropriate expert, you must hire a lawyer.  I recommend that you consult a lawyer in your area who specializes in representing plaintiffs in medical malpractice cases.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty to search is Personal Injury Trial Law.  The list of lawyers you will find will include lawyers who do not specialize in medical malpractice, a sub-specialty of Personal Injury Trial.  It will also include both plaintiffs' and defense lawyers.  To determine which ones are which, you'll need to visit the lawyers' websites. Good luck. www.tbls.org ... Read More

From these facts alone, I'm afraid it's impossible to say whether you have a viable claim. In order to get a reliable answer, you'll have to consult a lawyer who will investigate the relevant facts and have your case evaluated by experts. I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

"Discontinued" is a term I've never heard applied to a prescription drug.  If the manufacturer has formally withdrawn a drug from the market, that probably means it has decided that the risks associated with the drug outweigh its benefits, a decision most physicians would probably respect, even if the drug is still on the shelf.  It is also possible for the FDA to withdraw its approval of a previously approved drug, in which case it can no longer be sold or distributed in the United States.  Whether or not a physician was negligent in continuing a drug which had been formally withdrawn from the market by the manufacturer would depend on all the pertinent facts and circumstances of that particular case, there being no hard and fast rule of Texas law that applies here.  In the hospital setting, the physician orders a drug, but the hospital supplies it for use.  It would be the responsibility of the hospital, not an individual physician, to determine whether or not to "remove from the shelf" a particular drug for whatever reason.  Also, please take note that a nurse lacks authority to discontinue a drug which the patient's physician has ordered, such a decision being exclusively that of the physician.  To discontinue a drug a physician has ordered for a hopitalized patient, an order from a physician to discontinue it is required.  The way we address issues like whether contiuning a patient on a particular drug is negligent in a medical malpractice lawsuit is to enlist the aid of experts in the field to express opinions on the issue. To find out whether or not your husband has a viable claim, he will have to hire a lawyer.  I recommend that he promptly consult a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org  ... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

Yes, you can sue.  Under the Texas constitution, our courts are open.  This means that anyone can sue anyone, anywhere, at any time, for any reason, for any amount of money, and without first having to prove anything.  However, filing a lawsuit and winning one are two entirely different things. I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

Texas has a strict two-year statute of limitations that applies to health care liability claims.  Also, the clock starts running on the date of the negligent conduct, not when the injury or death occurs, which is frequently later.  Therefore, I advise you not to delay even one more day before consulting a lawyer! I recommend that you very promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

There are not enough facts here to support anything more than a guess on whether you have a meritorious claim. I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

"Medical malpractice" is a lay term which equates to the legal term "medical negligence."  In Texas, that term is defined, generally speaking, as failing to exercise ordinary care, that is, failing to do that which a colorectal surgeon (or whatever other medical specialty the defendant practices) of ordinary prudence would have done under the same or similar circumstances, or doing that which a colorectal surgeon (or whatever other medical specialty the defendant practices) of ordinary prudence would not have done under the same or similar circumstances.  Typically, what is "medical negligence" in a particular case is the subject of the competing/conflicting opinion testimony of experts in the applicable medical specialty offered by both sides at trial.  I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in a city near where you live.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Do not delay!  Texas has a strict two-year statute of limitations that applies to health care liability claims and the clock begins to run on the date of the negligent conduct, not when an injury occurs or is discovered, which may be later. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More