Legal Question in Medical Malpractice in Texas
missed diagnosis
I ruptured a disc in my back over 10 years ago and was given two epidurals. I had problems with the second one so they wouldn't do more. After this I began having pain in several places. I had X-rays,MRIs,blood tests,even a heart catheterization,and the doctors could not find a reason for my pains. I was told that I would have to learn to live with the pain and my credibility was questioned. Because they doubted my credibility, I don't think they made a real effort to find out what was wrong with me.I have since been treated for Major Depression,and hospitalized with blood clots. While in the hospital, a rheumatologist did more tests and X-rays, and also doubted my credibility.
With the help of God and access to the internet, I was able to figure out what was causing my pain and am now mostly pain free. I went to another doctor and asked him to do some tests on me to see if I was right. He ran the tests and confirmed my suspicions. He also told me that the pain that I had for years, and the depression I had, as well as the blood clots, could easily be caused by the condition that I have. I now wonder if my condition could have been caused or made worse by the epidurals. My question is,Do I have any recourse?
1 Answer from Attorneys
Re: missed diagnosis
i am sorry for your problem. the people that the citizens of the state of texas have elected as supreme court justices and member of the legislature who have mandated that there is a strict two year statute of limitations in medical negligence claims; meaning that the statute of limitations (the time frame within which a claim must be brought) is held to begin running from the date of the alleged negligence. so if the date of your misdiagnosis is more than two years ago, you have no recourse.
lawyer groups representing consumers and injured victims as well as consumer advocate organizations have argued that in many cases the victims of medical negligence do not discover the negligence until years later and those vicims should still have recourse. our justices and members of the legislature, who receive much financial support for their campaigns from insurance companies, corporations and hmo's, have rejected this argument.
it sounds like the misdiagnosis in your case occurred more than two years ago and i am afraid you have no recourse under current texas law.
for more information on the deterioration of victim's rights and the effort to restore those rights i suggest you might check out this website: www.texaswatch.org
my best to you. sincerely, bill featherston
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