Legal Question in Medical Malpractice in Texas
I believe my dad had his lung removed in error
My father had his lung removed in 1998 and has steadily had a diminished quality of life. He is older and did not go far in school and he mentioned to me the other day that the dr removed his lung prior to receipt of the biopsy, which was negative. I am reviewing the medical records and there are a number of red flags regarding questionable notes and reporting.The operation was done on 8-3 but drs did not receive negative biopsy result until 8/4. I am cognizant of the general 2 year statute of limitations but is there not a case by case discovery rule that can apply here. I have power of attorney and would very much like to consult with an attorney in the Southwest part of Houston.
1 Answer from Attorneys
Re: I believe my dad had his lung removed in error
i am unclear as to the dates you are referring; but assume "8/3" and "8/4" refers to 1998. if so, i believe, regrettably that the statute of limitations has run barring your dad's claim. the so called "discovery rule" has very limited applicability. our elected judges of the texas supreme court, within the last two years, have found every reason to bar legitimate claims by use of the statute of limitations. they have ruled that if an act of medical negligence is ascertainable then the statute of limitations will be deemed to start running on the date that ascertainable date of negligence occurred. however, there can be exceptions to the running of the statute of limitations and your dad's specific situation should be examined to determine if there are applicable exceptions. i hope this helps. bill featherston
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