Legal Question in Medical Malpractice in Texas

My brother who was my best friend and confidante died from medical negligence in a very ill-equipped emergency room at a small hospital. I have done tons of research and know we have a valid case. I tried to speak with an attorney in California but the lady who answered the phone would not allow me to explain this case and was very rude to me. I need to know, as his sister, if I can file a lawsuit for medical negligence, pecuniary damages, and wrongful death, even if my brother has a common law situation or wife? I am willing to provide any and all factual information I have uncovered, based on evidence posted by the courts on rulings and restraint orders placed on the hospital by the Atty General of California prior to my brother's incident. I live in Texas and need someone to hear what I have to present prior to denying this case. Thank you very much.

Asked on 2/20/13, 1:55 am

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna
0 users found helpful
0 attorneys agreed

If the medical malpractice/negligence occurred in California you will need a California lawyer.

Don't be discouraged by one rude/insensitive law office.

I suggest putting together a brief letter (no more than 3-5 page stating facts/dates/details). It should be candid (included "bad" facts). Did your brother have serious health issues? And state clearly what the doctors did or did not do that caused your brothers death. What additional medical bills did your brother suffer because of the malpractice (he would have had some medical bills to begin with...he was at the hospital...so how much additional bills were caused by the malpractice). Include some limits facts about your brothers age, did he have children, etc..

If you have some specific documents to attach as proof of your letter, you can, but keep them to a minimum and only if they are important to the claim. (The entire packet should be 10-20 pages including the letter and attached documents.).

Once you have your letter together, find an attorney that you are interested in working on the case and call and ask if you can send the letter for their evaluation of the claim.

I wish you the best.

Tray Gober

Texas Medical Malpractice Lawyer

512-478-8080

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Answered on 2/20/13, 9:42 am

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