Legal Question in Medical Malpractice in Texas

How much should I ask for if a Doctor failed to oversee proper use of a drug and this caused diabetes?

Asked on 10/07/12, 1:46 pm

1 Answer from Attorneys


It looks like you are tryting to negotiate a medical malpractice action without a Lawyer. Please be aware a lot has changed in the last 5-10 years in that area of law. MOST experienced Lawyers will not even take those Med Mal cases after the alleged "tort reform" changes the insurance companies have put in place now. They are very complicated, very expensive, have many many new obstacles and often result in no recovery or not even anough recovery to pay for the costs, expert witnesses (must now provide a Doctors report detailing the problems at or soon after filing or the case is thrown out and you pay the Doctor's/Insurance Company's legal fees). NOWADAYS THOSE CASES ARE LONG SHOTS. If they communicate with you, you are likely being setup. Also, our Legislature and Governor passed laws limiting or capping the total possible recovery on most damages. If you continue to contact them to "negotiate" without being represented by an Attorney I suspect they will set you up and use your statements as evidence to defeat ANY POSSIBLE lawsuit you COULD HAVE brought. That would take away your and your children's/spouses legal rights! PLEASE PLEASE talk to any lawyer who does PERSON INJURY WORK to get them and their medical personnel to review the possibility that you might have a viable lawsuit. They would charge you nothing, it would be confidential, and you are not obligated to use them.... BUT at least you would have your and your families' rights protected. Please take your matter to a local attorney.

Even most lawyers are offered very little or nothing when they try to negotiate without filing a lawsuit now a days. First they have to decide they are liable before they negotiate, and, that is very difficult to prove, much less to overcome the added blocks now in place.

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Answered on 10/07/12, 4:20 pm

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