Legal Question in Personal Injury in Texas
Statue of Limitations on Personal Injury Lawsuit
Because of a podiatrist's neglect on taking care of my foot I am going to lose my leg. He never checked the bottom of my foot for pressure uclers. I had a broken bone in my foot and he was treating that, he knew I was diabetic and never checked my foot. I told him something was wrong but still he never checked it. This happened about 2 1/2 years ago and for 2 1/2 years I have been fighting this infection and I am about to have surgery to amputate my leg. Can I sue him for neglect?
2 Answers from Attorneys
Re: Statue of Limitations on Personal Injury Lawsuit
Statute of limitations is a variable thing. What you think is SOL'd might not necessarily be. But, you will have to find a very special lawyer to do this for you. If you want to talk to me about it, contact me by e-mail to set up a telephone appointment.
Re: Statue of Limitations on Personal Injury Lawsuit
In all medical malpractice cases in Texas it is required that you prove that your 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, the first step is to discuss this matter with another doctor and see if he or she is willing to state that the first doctor was negligent. The second step is 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. This might be a problem in your case. However, I would have to look at the medical records and examine the case closely before making this determination.
Please call me at your very first opportunity.