QUESTION

What defines medical malpractice? Is this a possible case?

Asked on May 24th, 2018 on Medical Malpractice - Texas
More details to this question:
I had a surgery in July '17 from a Colo-rectal specialist. I did not get any call back in regards to a "lump" that he removed during the procedure. I called to follow up and was unable to get an appointment. About two months ago I went to another specialist because I was afraid of the one that I went to before (severe pain after with no support). She sent a letter demanding the results and we found out that I had squamous cell carcinoma in situ (stage 0 anal cancer). We are now in the process of doing a biopsy again and she suspects that it has moved to stage I or II. I was never informed of the results from the first doctor and now I face the possibility of radiation and chemotherapy because the first doctor did not call me in nor inform me of the results so I could make follow ups. What recourse do I have. I face the unknown future because we do not know how far it has spread.
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1 ANSWER

Medical Malpractice Defense Attorney serving Houston, TX at Don Karotkin, Attorney at Law
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"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

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