Legal Question in Medical Malpractice in Texas

Re: Should I seek an attorney?

In all medical malpractice cases in Texas it is required that you prove that your doctor was negligent and that it was this negligence that caused your daughter's condition. In other words, it would have to be proven that the doctor's failure to diagnose her meningitis caused her mental retardation. The case cannot be based upon only your feelings, suspicions, or suppositions that the doctor may have been at fault. It must be based on expert testimony from a doctor that your doctor was negligent. Therefore, the first step is to discuss this matter with another doctor and see if he or she is willing to state that the first doctor was negligent. The second step is to obtain ALL medical records from the time you first saw the negligent doctor and get those to an 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; it cannot be based upon yours or my opinion.