Legal Question in Medical Malpractice in Texas

my sister lived in a mental state school. In April she died. The family later received a letter saying her case was being investigated for neglect and abuse. We received another letter stating there was neglect involved. she was found not breathing and and staff failed to start cpr. can i sue this state school?

Asked on 8/19/09, 6:05 am

2 Answers from Attorneys

Edgardo Baez The Baez Law Firm, P.C.

Do you have any records? Can you contact us to review the case?

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Answered on 8/19/09, 11:38 am
Chuck Cowan The Law Offices of C.D. Cowan, P.C.

You, on behalf of your sister, may able to sue the State School, depending on all the specific facts of this case. Are you her guradian?

Generally speaking, your remedy under a medical malpractice sceanario will probably be limited to $100,000.00 max due to the Texas Tort Claims Act. A theory of simple negligence that does not involve healthcare in any way may increase your max. recovery to $250,000.00 depending on all the facts. YOu have a right to know what the nature of the "investigation" is\was and exactly which state employee is\was doing it. I suggest that you immediately get that information.

Likewise, carefully bear in mind that there are very strict written notice requirements that are most likely applicable under the facts you describe. I respectfull recommend that you immediately seek the counsel of a lawyer who is familiar with and experienced in this specialized area of the law.

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Answered on 8/19/09, 1:44 pm

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