Legal Question in Medical Malpractice in Texas

Re: No x-ray for broken ankle

Your situation is typical of hundreds of cases of medical negligence that occur every month in Texas. 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, the injured party, prove that the doctor was negligent and that it was this negligence that caused your injury. The case cannot be based upon your feelings, suspicions, or suppositions. It must be based on expert testimony from a doctor that your doctor was negligent. Based upon the limited information you provided me, it is my opinion that it would be difficult, if not impossible, to establish negligence in your case. Even if you were able to establish negligence through the testimony of another doctor, I doubt your damages would be substantial enough to justify the high cost of pursuing litigation and paying for the expert witnesses you would need. For these reasons, I seriously doubt you have a case that is economically feasible to pursue.

Please understand that this is my opinion, and opinions of attorneys can vary, so you are encouraged to speak to other attorneys about your case if you are serious about pursuing this claim.

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