Legal Question in Personal Injury in Texas
personal injury
I had a medical procedure on my back and one of the doctors in the O R room hit my arm while the neddle was in my back. Causing severe pain. Later, they told me no change had occurred. I later saw my regular dr. and because I was having problem w/nerves. She wanted to order another MRI. I told her the dr's had done and it and reported no change. When she pulled their mri the first line fof the report stated ''patient has had a significant change since previous mri. THe first was required before the procedure. My dr. cound not believe the referal dr's. had stated no changes had occurred. She believe that I had misunderstood them. I had not. I tired malpra. lawyers to no avail. It was suggested by my personal dr. that I try personal injury atty. She is willing to state that this current injury was not present before. I am told the injury is permanent. The neddle it my hypersensitivy nerve. It causes me severe pain,in that, now I am not able to stand anything to touch my skin for very long. Including clothing, hot water the most. Another dr. stated the injury shown on my new mri usually on is ONLY seen when someone is inuried in auto accd. Also, it shows the injury was from the inside.
3 Answers from Attorneys
Re: personal injury
unfortunately medmal cases are expensive and the cost for an exprt to prove negligence and to prove damages would be thousands of dollars..and if no expert, Texas Republican legislatore has said you have no case..and the people voted in Sept 2003 to have medmal cases more difficult..
Re: personal injury
Contact me by email if you want to discuss this further. Thanks
Re: personal injury
I�m very sorry to hear about your medical problems. Medical malpractice cases in Texas are very complex; there is no way for me to tell from the limited information you provided whether you have a case or not. In all medical malpractice cases in Texas it is required that you prove that the doctor was negligent and that it was this negligence that caused your injuries. The case cannot be based upon only your feelings, suspicions, or suppositions that the doctor may have been at fault. It must be based on expert testimony from a doctor that your doctor was negligent. Therefore, it is necessary for either you or your attorney (or both) to discuss this matter with another doctor and see if he or she is willing to state that the first doctor was negligent. It is also necessary to obtain ALL medical records from the time you first saw the negligent doctor and get those to an attorney for review. Establishing negligence is a difficult, but absolutely necessary, element of your case. And the evidence establishing negligence must come from a doctor; it cannot be based upon yours or my opinion.
The statute of limitations requires that you settle your claim or file a lawsuit on your claim in most cases within two years of the date of your doctor's negligence or your claim will be barred forever.
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