Legal Question in Medical Malpractice in Texas

Re: need some advice

The initial question in this case and\or any other potential Med Mal case is whether the "standard of care" has been breached. In other words, did the patient\victim get sub-standard care. Based on the very limited facts that you have provided from your case the answer to this initial question remains largely unanswerable. The second question in a potential med mal case is what actual damages, if any, did the victim actually suffer as a consequence of the sub-standard medical treatment. Unfortunately, it is not enough in Texas for a person just to be exposed to embarrassing conditions or even a potentially deadly or harmful situation. The victim must actually suffer real verifiable damages that were “proximately caused” by the medical malpractice.

In 2003, our learned Texas Legislature listened to “Big Insurance” lobbyists and concluded that the way to stop "medical malpractice abuse" in Texas was to LIMIT the maximum amount of damages a plaintiff could be awarded by a jury. In doing so, they passed sweeping legislature that caps damages on children, stay at home moms and the retired at $250,000.00, with NO exceptions. Working people can still claim the present value of their lost earning capacity, if any, in their suits. The legislators and the governor did all these changes knowing that it routinely COSTS a plaintiff and\or their lawyers upwards of $50,000.00 to even get a medical malpractice case to a point where a jury could hear and eventually decide it. As a consequence, few lawyers are still willing will to spend their time and the necessary money to evaluate medical malpractice cases because they are not economically feasible for the client.

Apparently, BIG MONEY still TALKS IN TEXAS!!

My initial recommendation to you is to seek the evaluation of a “qualified” medical malpractice lawyer in your area. He can take all your facts and the medical records that support them and possibly get a an outside physician to evaluate the appropriate "standard of care" against your facts and then make a recommendation on whether litigation is a potential solution for you.

Regarding the obviously embarrassing and less than professional treatment you received fromthese folks, I can strongly recommend that you consider filing a formal complaint with the Texas Board of Medical Examiners (TMBE). This can be done online at http://www.tmb.state.tx.us/ . Follow the prompts. Lastly, I can highly recommend making direct contact with Texas Watch. Texas Watch is a pro-consumer group that is very interested in hearing about stories like yours where Doctors and Hospitals have been less than “professional” and\or "helpful" to their patients. You can reach them on the web as well. Their web site is http://www.texaswatch.org/TW/.

Good Luck to you.