Results 1 to 7 of 7
  1. #1
    Join Date
    Jun 2019
    Posts
    2

    Default Medical Malpractice an

    My question involves malpractice in the state of: Texas
    Good morning,

    While i know the statues of limitations are fast approaching for my sons angelversary, i cant help but ask why. The very first attorney told me that they (the doctors) cant tell me why my son died. Second, no Dr (they had ) will get on a stand and testify against another Drs treatment with a case so rare. thirdly, that because of Texas legislative laws and lobbyists that i really didn't have any rights to sue. in the same breath, they also said that i have a good case, they just don't think that they can adequately represent my son. what happened to my son and the events that led to his death warranted enough that the Texas Medical Board has begun an investigation. nothing can .change what happened to my son, but steps can be taken to prevent it from happening to other families . the pediatrician who told us to blow in his face when he had the vagal episodes that looked like seizures, the same pediatrician that claimed to be the pediatrician that took care 90% of the U.T physicians cardiologists heart babies. She gave my son a clean bill of health on her visit the day before we were told that we couldn't take our son home on a routine cardiologist visit
    the cardiologist team that failed my son from the ekgs that showed RBBB (untreated even though it was on his ekgs for 4 months and i had to point it out to his cardiologist after he passed ) to his last moments were he was underlying awake with no cardiologist on the floor up until an hour after he passed.

    that being said, i have paperwork to back my claims. since the TMB is investigating my sons death, is it possible to still to find a willing attorney to file for med mal or med neg?
    Its a shame that it all boils down to money, the law is in place to protect and provide justice for those who were wronged, not for making money on the tears and broken hearts.
    I am not looking for an answer, i am asking for direction and help.
    Please.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Medical Malpractice an

    I'm sorry for your loss.

    Civil cases ARE about the money. The medical board investigations are about investigating ongoing healthcare implications. It used to be for that end, that there was a lot of anonymity allowed in making reports to the board. Alas this got abused, and anonymous reports are no longer allowed, but reporter's identities are protected.

    Since you're running out of SOL time, the key is to get a lawyer (you may have to pay one rather than expecting him to take a contingent fee) to identify the potentially responsible parties and at least getting the rudiments of the case started.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,867

    Default Re: Medical Malpractice an

    Quote Quoting sandiegirl
    View Post
    i really didn't have any rights to sue.
    While that is correct, as a practical matter, the plaintiff in a wrongful death/malpractice lawsuit is the deceased (the Estate of the Deceased). Any award to the estate would be inherited under intestate succession, more than likely to the parents.

    You would be the one arranging for the lawsuit.

  4. #4
    Join Date
    Jun 2014
    Posts
    3,028

    Default Re: Medical Malpractice an

    Could the OP file suit to stop the prescription from running out ? Then continue to look for an attorney to take the case? I realize the OP would have a,limited period of time to find an attorney after filing. But it would give a,little extra time.

  5. #5
    Join Date
    Jun 2019
    Posts
    2

    Default Re: Medical Malpractice an

    Quote Quoting Mercy&Grace
    View Post
    Could the OP file suit to stop the prescription from running out ? Then continue to look for an attorney to take the case? I realize the OP would have a,limited period of time to find an attorney after filing. But it would give a,little extra time.
    W
    How do I find this form? Can i do it myself?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Medical Malpractice an

    No, you can't just file a "form." It has to be a proper civil complaint. If you wing it, you'll likely have it thrown out and be barred from pursuing things. Get an attorney.

  7. #7
    Join Date
    Jun 2014
    Posts
    3,028

    Default Re: Medical Malpractice an

    There is something you need to realize. Even if the doctor make a mistake. That in no way means the mistake rises to the level of malpractice. You also need to realize,the Texas Medical Board investigating him. Does not mean they will find anything. If they do find something serious enough. That does not mean he will be adversely affected.

    I am sorry for your loss. Have you considered joining a local support group of parent that have lost children ? Or perhaps seeing a counselor. Losing a child is a life alternating event for parents and other family members. It can help to talk to others that know what you are going through.

    1. Sponsored Links
       

Similar Threads

  1. Medical Malpractice and Medical Tourism
    By zmzhou in forum Banter
    Replies: 2
    Last Post: 01-24-2013, 05:20 AM
  2. Medical Malpractice: Can a Cursory Medical Exam be Medical Malpractice
    By SouthernCA in forum Malpractice Law
    Replies: 5
    Last Post: 08-11-2010, 02:56 PM
  3. Medical Malpractice: Medical Malpractice?
    By Autumn25 in forum Malpractice Law
    Replies: 6
    Last Post: 06-26-2008, 02:35 AM
  4. Medical Malpractice: Medical Malpractice
    By thatchik1 in forum Malpractice Law
    Replies: 1
    Last Post: 03-30-2006, 05:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources