Legal Question in Medical Malpractice in Texas

statue of limitations for medical malpractice or wrong dealth

My father was hospitalized Dec. 05 and was in the process of being discharged aprox. Dec. 28th. I talked to social workers about a skilled nursing facility. On Dec. 29th, 7:00 AM an urologist takes my father to the OR with out the attending physician approval or contacting me inwhich I had power of attorney. He said he had a bladder or kidney stone. I only found out after I called the hospital around 7:30 that day and at that time I found out he was in surgery. I couldn't believe it. After surgery, my father spent 5 days in horrible pain in the ICU, then passed away on Jan. 4th, 2006. I have been dealing with medicare and they wrote the doctor a letter because they refuse to pay him since this doctor did not get my approval or the attending physician. My father was 87 yrs. old but he was still on the verge of being discharged from the hospital until this doctor took him to the OR. It was Dec. 29th 2005 and the OR was vacant because of the holidays. My father had just gotten a report two weeks prior from his own urologist and he was told not to come back for 6 months. I feel this doctor was neglient and caused the death of my father. Is it too late to file a suit? Thank you


Asked on 3/03/07, 10:49 am

1 Answer from Attorneys
Dan Street Street Law Firm

Re: statue of limitations for medical malpractice or wrong dealth

It is not too late to file suit, but medical malpractice cases must be based upon negligence, not just on feelings or suspicions. The unfortunate news is that we live in Texas, a state that, due to our current governor, Rick Perry, and his predecessor, George Bush, is so pro-doctor and anti-patient, there is almost no such thing as medical malpractice anymore. You may know that our legislature, under great pressure from Gov. Perry and the medical lobby, passed Proposition 12 in 2004, and the voters of this state approved it. The practical effect of this legislation is to make it so unlikely that you can find a doctor who is willing to testify against another doctor (which is an essential part of a malpractice claim) that malpractice has virtually ceased to exist in Texas. In short, all medical malpractice cases in Texas require that you, on behalf of the injured party, prove that the doctor was negligent and that it was this negligence that caused your father's death. The case cannot be based upon your feelings, suspicions, or suppositions. It must be based on expert testimony from a doctor that your father's doctor was negligent. Based upon the limited information you provided me, there is no way for me to render an accurate opinion on whether there was negligence committed in your father's case. I would need to review all of the hospital and other medical records from the time your father became ill until the time of his death. Please call me to discuss further.

The statute of limitations requires that you settle your claim or file a lawsuit on your claim within two years of the date of the doctor's and or hospital's alleged negligence or your claim will be barred forever.

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Answered on 3/03/07, 1:40 pm


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