"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
Answered on Jun 05th, 2018 at 10:07 AM