Legal Question in Medical Malpractice in Texas

Re: Negligence by attending nurse

i am uncertain why the hospital is taking you to small claims court. it is very unusual for a hospital to do that. nevertheless, sometimes the obligation to pay for hospital bills is a separate legal issue from the hospital's negligence. for example, if a service was provided, the hospital is legally entitled to bill and seek payment for the service even though the service was provided in a negligent manner.

i am unable to determine if negligence has caused your clots. texas law requires that an expert review your records and testify that the cause of your clots was due to medical negligence.

the people we have elected to serve us in austin have passed laws making it very difficult to prevail in med negl cases. the burden of proof is great and can be very expensive. you will need though, primarily, another doctor to testify that the care you received was in violation of accepted stdrds of care and was the cause of your damages. plus our elected representatives have placed caps on the ability to recover compensation in med mal cases. as such, the caps create situations where the cost of pursuing a case exceeds the potential for recovery. i hope you keep this in mind when the next election cycle comes about.

i hope this helps. pls email if any further questions. bill featherston