Legal Question in Medical Malpractice in Texas

My son spent 6 hours in the ER, 4 of them waiting to be seen because they only have one ER doctor available for a town of 20K and several surrounding areas. My 2 year old fell out of his crib, hit his head and wouldn't use his right arm. After finally being seen by the doctor and having a CT Scan and an X Ray done he told us that our son was fine and sent us on our way. I followed up with my son's pediatrician a few days later because the incident happened on the weekend. My son's pediatrician issued for more X rays and we then found out my son has a cracked collar bone and has to wear a sling for four weeks. I am refusing to pay the ER bill. If this winds up in court what are my chances of winning and could I sue the hospital for negligence?


Asked on 8/19/10, 10:02 pm

1 Answer from Attorneys
Jason Kipness Kipness Law Firm

Get your son's medical records and call a Fort Worth medical malpractice attorney for case review.

You can also report the ER physician and the radiologist who read the x-ray to the Texas Board of Medical Examiners.

DO NOT FILE A MEDICAL MALPRACTICE LAWSUIT 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 insurance company is not your friend and is not concerned with your son's injuries and 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 malpractice insurance companies for 10 years.

You may make a claim to recover: (1) medical bills; (2) compensation for pain, impairment, and disfigurement incurred by your son.

Please visit the links below for videos and free information about Texas malpractice cases.

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

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Answered on 8/25/10, 8:00 am


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