Legal Question in Medical Malpractice in Texas

My dog was hit by a car which broke his back femur. I've paid 3 times at the expense of apx $7500.00 total for surgery to repair it and still he has no use of his leg. On the pre-surgical document I believe it says something like no results guaranteed expressed or implied. Does this completely absolve the doctor? It should also be noted that, now that I've contacted a new surgeon (a true bone specialist) he informed me that the original surgeon used orthopedic wire in conjunction with a metal bone plate which is a ill advised. And that basically he was using a dated technique (the wire) which not only impeded blood flow which prevented the bone from healing properly and in a timely manner. But that he also repeated the same surgery the first two times before seeking the advise of a bone specialist: who advised him to put in a thicker bone plate in conjunction with a metal rod - and not use any orthopedic wire in his final 3rd attempt to heal the bone. The original surgeon has repeatedly insisted that the dog is responsible for the failures.


Asked on 3/23/10, 12:58 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Get an Affidavit from the second vet, stating clearly that the first vet was "negligent." Then send a copy of the Affidavit with a demand letter to the first vet, suggesting that he refund a reasonable portion of your money (say, half) in return for your not filing suit. If he refuses to work with you, file suit against him in Small Claims Court (which is within the Justice of the Peace Court). You can file for up to $10,000.00, you don't have to have a lawyer, and the cost to do so is only $50.00. The clerks of the court will help you draft the papers. But you must get the Affidavit first; proof of "negligence" on the part of the first vet must come from an expert--another vet--not from you. Without proof of negligence from an expert, you have no case.

Good luck to you. I wish you and your dog the very best.

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Answered on 4/03/10, 1:22 pm


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