Legal Question in Medical Malpractice in Texas

Sent home 7-days post-op double bypass w/104 T.

My 52 y/o father had a double bypass surgery. 7 days post op was d/c'd home with a 104* T. He was sent home with no antibiotics, pain meds, or dressing change supplies. This was on a Fri., and he died on Sun. Attending physician did not discharge. He obviously had an infection. My sister seen him the day before he died and said the dressing on his chest was oozing very thick drainage. (no to the obvious question, he did not have any insurance.)


Asked on 12/08/06, 9:54 pm

1 Answer from Attorneys

Dan Street Street Law Firm

Re: Sent home 7-days post-op double bypass w/104 T.

I am very sorry to hear about your father's death. In all medical malpractice cases in Texas it is required that you prove that the doctors or hospital were negligent and that it was this negligence that caused your father's death. The case cannot be based upon only your feelings, suspicions, or suppositions that the doctors or hospital may have been at fault. It must be based on expert testimony from a doctor that your father's doctors or hospital were 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 or the hospital were negligent. The second step is to obtain ALL medical records from the time your father went into the hospital until his death 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.

I would be happy to discuss your potential case with you. Please call me.

The statute of limitations requires that you settle your claim or file a lawsuit on your claim in most cases within two years of the date of the doctors� or hospital�s negligence or your claim will be barred forever.

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Answered on 12/10/06, 3:42 pm


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