Legal Question in Medical Malpractice in Texas

Wrong Diagnosis

Diagnosed and treated with compromising medications for several years. Test did not indicate a positive finding for the illness, but continued to increase the medication over several years.


Asked on 5/29/07, 1:00 pm

1 Answer from Attorneys

Chuck Cowan The Law Offices of C.D. Cowan, P.C.

Re: Wrong Diagnosis

Based soley on the facts that you have provided, medical malpractice is a potential concern. The initial question would be whether a specific standard of care has been violated in RXing you the meds you mention without some sort of indicator that they were medically appropriate irrespective of the fact that there were no positive tests or examintaions that would warrant their use. A second threshold issue in your case would be the applicable statute of limitations. Since you did not provide any specific dates in your query, I am unable to give you an opinion on the exact date of the applicable statute of limitations.

Generally speaking, the applicable statute of limitations would toll two years after the the initial act of malpractice. Because extended treatment may be applicable in your case it may be possible to toll the statute of limitations through two years following your last treatment.

I recommend that you consult an attorney as soon as possible with all the facts in your case.

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Answered on 5/29/07, 1:22 pm


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