Legal Question in Medical Malpractice in Texas

Use of Separate Attorneys for suits against clinic and doctor

My daughter attempted bariatric surgery (stomach bypass). The doctor removed one of her ovaries and was attempting to remove the other one when stopped by my son-in-law. The doctor refused to continue the operation. We investigated and found that the doctor was not qualified to diagnose cancer on an ovary. My daughter has filed suit against the doctor, who appears somewhat incapable of properly handling the case. He did not file against the clinic because they said they would help against the doctor. They have not, and the lawyer is reluctant to file against the clinic. The limitation law is effective in September and every lawyer my daughter has contacted says she can not have 2 lawyers, one against the clinic and one against the doctor.

I find this hard to believe. Please reference this law or provide the name and number of an attorney willing to represent my daughter against the clinic.

Desperate in DFW


Asked on 8/05/03, 4:51 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Use of Separate Attorneys for suits against clinic and doctor

The answer to your question has more to do with strategy than law. If you don't trust the judgment of your attorney, get another one. In any event, if your daughter is of the age of majority and is competent to make her own decision, let her decide if she wants to continue using the present attorney. If she chooses to retain him, his judgment should not be second guessed.

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Answered on 8/05/03, 11:46 pm


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