Legal Question in Medical Malpractice in Texas

Re: information withheld

I am very sorry to hear about the medical problems you are having. The unfortunate news is that we live in Texas, a state that, due to our current governor, Rick Perry, and his predecessor, George Bush, is so pro-doctor and anti-patient, winnable medical malpractice cases are becoming more and more rare. You may know that our legislature, under great pressure from Gov. Perry and the medical lobby, passed Proposition 12 last year, and the voters of this state approved it. The practical effect of this legislation is to make it so unlikely that you can find a doctor who is willing to testify against another doctor (which is an essential part of a malpractice claim) that malpractice has virtually ceased to exist in Texas. In short, all medical malpractice cases in Texas require that you, the injured party, prove that the doctor was negligent and that it was this negligence that caused your injury. The case cannot be based upon your feelings, suspicions, or suppositions. It must be based on expert testimony from a doctor that your doctor was negligent. Therefore, the first step is to discuss this matter with another doctor to see if he or she is willing to state that the first doctor was negligent. The second step is to obtain ALL medical records from the time you first saw the negligent doctor and get those to a competent personal injury attorney for review. Establishing negligence is a difficult, but absolutely necessary, element of your case. And the evidence establishing negligence must come from a doctor; it cannot be based upon yours or my opinion.

The statute of limitations generally requires that you settle your claim or file a lawsuit on your claim within two years of the date of the doctor's negligence or your claim will be barred forever. There are some exceptions to this rule, so you should speak to an attorney promptly if you think you have a claim.