Legal Question in Medical Malpractice in Texas

mothers death

About a yr and a half ago my mother passed away.I always wondered if someone was at fault.My Mother was on dialasis (they implanted something right above where ur arm bends).She went 3 times a week on the last visit, the nurse didnt connect the dialasis machine correctly to the implant in her arm. After 30 mins or so vital signs were dropping ,they had to rush her to the Hospital. They did not Notify family and they couldnt even tell me where my mother was.She was released after hours .The next day or it might have been the same night my mothers arm was bruised from where they put the implant all across her chest to her breast nearly reached her other arm,few days later my mother passed , bruises were still there when paramedics arrived.


Asked on 7/25/08, 1:33 am

2 Answers from Attorneys

Dan Street Street Law Firm

Re: mothers death

I am very sorry to hear about your mother's death. Whenever someone dies under suspicious circumstances, it is natural to presume that someone else caused it. This, of course, may or may not be a correct assumption. The only way to know for sure is to have a skilled personal injury/wrongful death attorney review the medical records. Medical malpractice cases in Texas are very complex; I am unable to tell from the limited information you provided whether you have a case or not. In all medical malpractice cases in Texas it is required that you prove that the medical provider was negligent and that it was this negligence that caused your mother's death. The case cannot be based upon only your feelings, suspicions, or suppositions that the medical provider may have been at fault. It must be based on expert testimony from a doctor or other experts that your mother's medical provider was negligent. Therefore, it is necessary for either you or your attorney (or both) to discuss this matter with a doctor (and usually other experts, as well) to see if he or she is willing to state that your mother's medical provider was negligent. It is also necessary to obtain ALL medical records from the time your mother first became ill until her death and get those to your attorney for review.

Establishing negligence is a difficult, but absolutely necessary, element of your case. And the evidence establishing negligence must come from a doctor or other experts; it cannot be based upon yours or my opinion.

It would be my suggestion that you immediately contact me to discuss your case. You are definitely running out of time.

The statute of limitations requires that you settle your claim or file a lawsuit on your claim within two years of the date of the medical provider's negligence or your claim may be barred forever.

I look forward to hearing from you and discussing your potential case soon.

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Answered on 7/25/08, 12:41 pm
Dan Street Street Law Firm

Re: mothers death

I am very sorry to hear about your mother's death. Whenever someone dies under suspicious circumstances, it is natural to presume that someone else caused it. This, of course, may or may not be a correct assumption. The only way to know for sure is to have a skilled personal injury/wrongful death attorney review the medical records. Medical malpractice cases in Texas are very complex; I am unable to tell from the limited information you provided whether you have a case or not. In all medical malpractice cases in Texas it is required that you prove that the medical provider was negligent and that it was this negligence that caused your mother's death. The case cannot be based upon only your feelings, suspicions, or suppositions that the medical provider may have been at fault. It must be based on expert testimony from a doctor or other experts that your mother's medical provider was negligent. Therefore, it is necessary for either you or your attorney (or both) to discuss this matter with a doctor (and usually other experts, as well) to see if he or she is willing to state that your mother's medical provider was negligent. It is also necessary to obtain ALL medical records from the time your mother first became ill until her death and get those to your attorney for review.

Establishing negligence is a difficult, but absolutely necessary, element of your case. And the evidence establishing negligence must come from a doctor or other experts; it cannot be based upon yours or my opinion.

It would be my suggestion that you immediately contact me to discuss your case. You are definitely running out of time.

The statute of limitations requires that you settle your claim or file a lawsuit on your claim within two years of the date of the medical provider's negligence or your claim may be barred forever.

I look forward to hearing from you and discussing your potential case soon.

Read more
Answered on 7/25/08, 12:41 pm


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