Legal Question in Medical Malpractice in Texas

Re: Pain medication overdose/incorrect dosage

thank you for your query. unfortunately it is not possible in this setting for me to offer specific answers to this type of medical negligence case without a further detailed review of your grandmother's medical records. i can though offer the following thoughts:

1. in texas medical negligence cases can only be proven through the testimony of a qualified health care provider. that testimony must establish that the care provided failed to meet the generally accepted standards of care. then, it must be proven that the breach of the standard of care was the cause of the injury or condition that is the subject of the complaint.

2. therefore, in the case of your grandmother, there has to be expert testimony to prove that your grandmother, in fact, was over prescribed the medications listed or was administered incorrect dosages in breach of the standard of care. then if that did occur, it must be proven that the respiratory failure, depression and unresponsiveness was caused by the incorrect dosages.

3. the only way to determine whether there is a case is by having experts review the records.

4. i can tell you that during the last legislative session our representatives in austin passed laws that restrict the ability to bring cases like this. in addition, they passed and the voters approved (by a very small margin) a law that caps or limits the amount of non-economic damages that can be recovered in a medical negligence case. the limit is $250,000. so in cases like your grandmother, since her medical expenses or likely covered by medicare or medicaid, and i assume that i am correct that she was not employed at the time of this event,she will not be entitled to recover economic damages and will be limited to the cap of $250,000. so no matter how badly injured she is that is the most that could be recovered. while i do not want to diminish the value of $250,000, the limitation makes it very difficult for attorneys to take such a case. most attorney advance the expenses in such a case paying for experts, filing fees, investigation etc... sometimes these expenses can reach six figures. as as result many attorneys are not willing to risk that kind of money when the recovery is limited and the contingent fee is thus limited. i would suggest for further information concerning the laws passed to favor insurance companies that you visit and perhaps join: texaswatch.org

5. nevertheless, if you feel strongly about this, i would suggest acquiring the records from the rehab facility and the skilled nursing facility and searching for an attorney who specializes in this area of the law.

6. you can also bring a complaint with the texas department of health.

i hope this helps.