QUESTION

What is the statue of limitation on a mis diagnosis?

Asked on May 23rd, 2018 on Medical Malpractice - Texas
More details to this question:
It will be two years on June 26 since he passed away. Our PCP kept prescribing antibiotics for sinus, when in fact it turned out to be cancer of the throat. My husband kept telling me that he would tell the doctor of his complaints each time he went for his visits. Which were frequent, every 90 day and then he switched him to every 6 months. The doctor kept saying that he didn't see anything in his throat and that maybe it was his sinus draining. He then gave him another antibiotic and said if that doesn't clear it up come back and see me. I had to get involved and insisted on getting a referral for my husband to see a specialist ENT. He continued to say that his throat doesn't look red or irritated. I insisted again for a ENT specialist. Well I finally got the referral got my husband in to see the specialist the first one said she wasn't 100% but that she used a scope in the office and said that it appeared to be a mass. She then referred me to another specialist and this doc
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1 ANSWER

Medical Malpractice Defense Attorney serving Houston, TX at Don Karotkin, Attorney at Law
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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
Answered on Jun 05th, 2018 at 10:15 AM

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