Legal Question in Medical Malpractice in Texas

Post Delivery Medical Malpractice

My wife delivered a child in oct of 2001. Because of the negligence of Gynecologist, she had a 4th degree tear which aggravated into a Cloaca / Rectovaginal Fistula. Since then my wife has had close to 9 surgical repairs for the fixing of her condition. Even now she has not recovered and surgeries have continuosly failed to correct her. Over the course of the last 2-3 years we as a family have undergone , lots of physical and mental suffering - and continue to live the nightmare. I am seriously considering suing the Gynec for Medical Malpractice.

Questions -

1 ) Is there any time limit on when one can sue a doctor after an event has occured ?

2 ) How strong do you think my case is and the chances of suing the doctor for her negligence ?

2 ) Are there any medical boards which we can pursue first or should we go through lawyers ?

3 ) If anyone has been in a similar situation and can share their experiences ?

4 ) I also wanted to get a sense of the mental, physical and monetary investment one needs to go through when pursuing a medical malpractice case.

All help is appreciated.


Asked on 4/06/04, 12:43 pm

1 Answer from Attorneys
Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: Post Delivery Medical Malpractice

The statute of limitations for medical malpractice cases are two years from the date of negligence (subject to exceptions re: discovery of injury/negligence). Based on the facts you provided it would seem that your limitations ran in October 2003. As far as the chances of success (assuming the limitations had not passed), that would be difficult (if not impossible) to say without reviewing medical records and talking with experts relevant to your wife's claimed injuries. Medical Malpractice cases are very difficult and very expensive to pursue (with limited recovery in light of 2003 legislation). Nevertheless, I would talk to a professional about your situation and have him/her determine 1st that limitations have/have not passed and then, if not passed, 2nd explore liability.

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Answered on 4/06/04, 12:53 pm


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