Legal Question in Medical Malpractice in Texas

Medical Mal-Practice

Is there a form for initial filing of Medical Mal Practice suit? I need to file on my own at this time, your help would be appreciated.

Asked on 9/09/07, 4:47 pm

1 Answer from Attorneys

Dan Street Street Law Firm

Re: Medical Mal-Practice

With all due respect, you are wading into a pond full of alligators. Medical malpractice litigation is VERY complicated. The Texas Legislature, along with the Supreme Court, have passed much significant legislation and procedural rules in the last few years, making it very tricky navigation. Even attorneys who have practiced for decades are sometimes confused by the new rules. Also, you must file an expert's Affidavit within 75 days of filing suit, and the rules regarding this Affidavit are very strict. (And this is only one of the procedural requirements.) Failure to follow the rules to the letter could result in your lawsuit being dismissed and the Defendant's court costs being assessed against you. Cases of this complexity are best handled by an attorney with much experience in handling medical malpractice cases. I strongly urge you to contact an attorney immediately. There is a two-year statute of limitations on filing your claim (which also has to be done in a very specific form).

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Answered on 9/09/07, 10:42 pm

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