Legal Question in Medical Malpractice in Texas

Is this malpractice?

I received a work comp knee injury in june of last year. I was referred to my current orthopedic surgeon who ordered xrays and mri films and just read the report, he didnt look at the xray. He dismissed my knee and I was sent back to him 3 months later with the xray he ordered to show him the tilt in my kneecap that he overlooked. He said I needed surgery asap. I finally had the surgery after walking on one crutch for 6 months, not getting better. On my discharge papers from the hospital, it said that I needed to be in a locked brace for 6 weeks, 24 hours a day. When I asked about the brace, I overheard the nurse and physician assistant say that the dr forgot to order my brace. My knee is not better, im recovering very slowly and I injured my right knee in therapy. My dr ordered the same tests and dismissed my right knee too. I picked up my films to take for a second opinion and noticed that they had not been read either. The tilt in my right knee is severe, and both knees are 6 inches apart in a standing xray. I know I dont have serious issues, however, due to his negligence I have now been on one cruth for 9 months straight and I cant walk normally. Do I have a case?


Asked on 3/05/08, 9:06 pm

1 Answer from Attorneys
Chuck Cowan The Law Offices of C.D. Cowan, P.C.

Re: Is this malpractice?

The question in your case and in any Med Mal case is whether the "standard of care" has been breached. That question is ultimately one for the jury to decide (Unless our learned right leaning Texas Supreme Court is willing to weigh in on this particular fact pattern and rule as matter of law as they have chosen to do in some cases in recent years).

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

I can also 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 contacting Texas Watch. Texas Watch is a pro-consumer group that is very interested in hearing about stories like yours where the Workers� Compensation system has clearly failed you and the doctors have been less than "helpful". You can reach them on the web as well. Their web site is http://www.texaswatch.org/TW/.

Good Luck to you.

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Answered on 3/06/08, 5:12 pm


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