Legal Question in Medical Malpractice in Texas

Injured by OBGYN

About six months ago i went in for a regular ''woman wellness'' exam. However it was anything other than regular. The lady that performed the pap smear on me obviously was not qualified. Without getting too graphic she inserted the spectrum, opened it way too wide (causing immediate and obvious pain) and left it that way for at least 5 minutes, while another Dr stood behind her asking her questions about what she was doing... A couple weeks later I ended up in the urgent care with ''one of the worst UTI'' the Dr had ever seen, and an obvious scar inside me that made a room full of urgent care professionals gasp. In his opinion my injury�s were 100% caused by the Dr, who once I called to get the name of, found out she was not even a Dr, but a trainee. I was advised that I should see a specialist (urologist) and then advised that I need a CT scan. I still get extremely bad UTI (which I had NEVER once had before). I have missed a significant amount of work in relation to the injury, my repeated UTI, and all of my Dr visits. The total of my visits now reaches almost $3000, possibly more, that I must pay. I still experience much pain and stress over this. I greatly appreciate any advice..


Asked on 2/07/07, 10:16 am

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Injured by OBGYN

I�m very sorry to hear about your medical problems. Medical malpractice cases in Texas are very complex. In all medical malpractice cases in Texas it is required that you prove that the doctor was negligent and that it was this negligence that caused your injuries. The case cannot be based upon only your feelings, suspicions, or suppositions that the doctor may have been at fault. It must be based on expert testimony from another doctor that your doctor was negligent. Therefore, it is necessary for either you or your attorney (or both) to discuss this matter with another doctor and see if he or she is willing to state that the first doctor was negligent. It is also necessary to obtain ALL medical records from the time you first saw the negligent doctor 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.

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 your doctor's negligence or your claim will be barred forever.

Read more
Answered on 2/07/07, 12:12 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Texas