Legal Question in Medical Malpractice in Texas

The doctor my father had elected to supervise his medical condition had been seeing him for over a decade. This Dr. has seen the sharp decline in my father's health including multiple stroke and heart attacks. It was May this year when my father suffered a massive stroke and lost most of his brain function. The hospital neurologist told my family that surgery should have been done A LONG TIME AGO. So basically at this point there is nothing they can do to improve my father's condition because of the fact that his health condition was neglected for so long. The hospital doctor was angered about how high his blood pressure was and DEMANDED to know who his doctor was ...My family and I are strongly in favor of taking legal action against the alleged doctor, whom we feel could have prevented the morbidity associated with what my father now has to consider life. It was only 3 or 4 months ago that he saw this doctor. And this doctor had him on the wrong medications for so long my father cannot walk now. Please advise. Thank you so much for your time as it is very valuable.

Asked on 7/18/13, 9:19 pm

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

That is a terrible situation. I am sorry to hear about your father's current condition.

You definitely need to talk to a lawyer about what happened. Medical malpractice cases are particularly difficult due to the technical level of medical expertise required to assess and prosecute those claims. They are also particularly difficult in Texas because the malpractice insurers have gone to great lengths to buy the Texas legislature, resulting in the legal standards for medical malpractice being far more stringent than any other personal injury-type claim. They have also succeeded in placing caps on damages so it is hard to gain meaningful recovery.

I do not say that to scare you away from pursuing claims on behalf of your father or make you feel hopeless. Instead, I want to be clear that you definitely need to talk to a lawyer that specializes in medical malpractice claims. Like many attorneys, I handle some personal injury claims but I do not handle medical malpractice claims. Those claims need to be handled by lawyers who focus on those specific kinds of claims and know all the ins and outs to dealing with the insurers and the laws they have constructed. Contact the Dallas Bar Association for a referral to a medical malpractice attorney. They maintain lists of attorneys by practice area and will give you several lawyers. You may want to speak with a few attorneys before you pick one you feel will best represent your father's interests.

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Answered on 8/01/13, 9:27 pm

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