Legal Question in Medical Malpractice in Texas
Medical
My mother was admitted to the hospital with trouble breathing, 2 days later her doctor told her she can leave, even though the breathing doctor told the other doctor she was not ready, he just gave her an oxygen tank. The next day she stopped breathing and she was brain-damaged. Then we had to take her off of life support. I didn't have my mother to help me pick out a prom dress and won't have her there for my wedding and other major events. While at the hospital a nurse told me we had grounds for a lawsuit. Is there a statute of limitations of this type of case? And are there any lawyers in the Houston area that could take this kind of case?
1 Answer from Attorneys
Re: Medical
The initial question in this case and\or any other potential Med Mal case is whether the "standard of care" has been breached. In other words, did the patient\victim get sub-standard care. Based on the very limited facts that you have provided from your case the answer to this initial question seems to be worth exploring further. Many times nurses and even other Doctors will tell patients that they have grounds for a "law-suit". These usually well meaning health care professionals are right sometimes, however; sometimes they are not.
Back in 2003, our learned Texas Legislature listened to �Big Insurance� lobbyists and concluded that the way to stop "medical malpractice abuse" in Texas was to LIMIT the maximum amount of damages a plaintiff could be awarded by a jury. In doing so, they passed sweeping legislature that caps damages on children, stay at home moms and the retired at $250,000.00, with NO exceptions. Med Mal victims who work can still claim the present value of their lost earning capacity, if any, in their suits against Doctors and Hospitals.
The 2003 legislators and Gov. Perry did all these changes knowing that it routinely COSTS a plaintiff and\or their lawyers upwards of $50,000.00 to even get a medical malpractice case to a point where a jury could hear and eventually decide it. As a consequence, only a few lawyers are still willing will to spend their time and the necessary money to evaluate medical malpractice cases because they are not economically feasible for the client.
My initial recommendation to you is to seek the evaluation of a �qualified� medical malpractice lawyer. I am from Tyler TX and have the distinct pleasure of working with one of this state's best medical malpractice lawyers in over a dozen cases across the state sinec teh law changed in 2003. Intersetingly that Lawyer is from HOUSTON. If you are interested in talking further, please call my office and we will take all your facts and look carefully at the medical records that support them before getting an outside physician to evaluate the appropriate "standard of care" against your Mom's facts. After that we can make a meaningful recommendation to you and your family as to whether litigation is a potential solution for you.
We await your call.
Sincerely,
C.D. Cowan Atty. At Law
Tyler, TX
Toll free 800.261.2667
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