Legal Question in Medical Malpractice in Texas

My son admitted to hosp. w/stomach pain (later discovered to be heart-related), cardiologist called in a GI to do endoscopy. GI disregarded my son's congestive heart failure, severe pulmonary hypertension, muscular dystrophy, and administered demerol/versed (no anesthesiologist present) which sent my son into cardiopulmonary arrest and eventually led to his death. Can I file manslaughter charges for GI's wanton, reckless disregard for my son's safety and well-being. Patients with congestive heart failure and/or muscular dystrophy require specialized care which my son did not receive prior to IV sedation. GI treated him as an ordinary patient with no heart, pulmonary, or neuromuscular problems. I feel this quack should be held accountable for his negligence which caused my son's death and since it is impossible to file a mal/med lawsuit, I want to have him charged with mansalughter or criminal negligence. Is this within the realm of possibility in Texas?


Asked on 9/02/10, 8:14 am

1 Answer from Attorneys
Jason Kipness Kipness Law Firm

I am so sorry to hear about your loss. It is not impossible to file a malpractice suit and you do not have to be rich to file one.

You will not know if there is a malpractice case unless the records are reviewed by an M.D., who specializes in GI work.

You need to contact a medical malpractice lawyer who can assist you in this process.

DO NOT DO THIS WITHOUT A LAWYER

You should not give a statement, give access to your son's medical information or sign any insurance company forms without speaking to a lawyer.

The physicians and their insurance company is not your friend and is not concerned with your son's death or your pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying the claim hoping you will get mad and go away.

I should know because I worked as a lawyer for doctors and their insurance companies for 10 years.

Besides your son's estate, the spouse, children, and parents of your son may make a claim. This is known as a wrongful death claim.

I would be more than happy to talk with you about the medical treatment.

I handle malpractice cases all over Texas, including Natalia.

I can be reached at (214) 800-3454.

Please visit www.kiplawfirm.com for free information about Texas wrongful death medical malpractice claims.

You can also send a confidential e-mail to my website at www.kiplawfirm.com.

You can also file a free complaint with the Texas Board of Medical Examiners.

If you want to pursue criminal charges, you will need to contact the District Attorney in the county where your son passed away and report his death.

Sincerely,

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Answered on 9/07/10, 12:41 pm


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