Can I file malpractice suit vs the hospital and treating doctors at a hospital in Texas where my mother developed fungal sepsis?

My 75 year old mother went into a Texas hospital and had AAA surgery on Feb. 15 2010. Surgery went well and she began post-op recovery. She made it to rehab at the hospital on March 5, still having the main line IV in the right side of her neck she had had since the surgery. Almost immediately after entering rehab she began to feel ill, had severe pain in her right shoulder, developed sight problems, then mental confusion on March 6 and 7. She was readmitted to hospital on March 9 and quickly moved to ICU where she went into shock and doctors diagnosed fungal sepsis, caused by candida infection. She died on March 10. Do I have any hope of getting any relief via a malpractice lawsuit or any other avenue for what happened to my mother? I think they were slow to ID/treat the infection.

Fort Worth, TX -

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Attorney Answers (3)

Lannie Todd Kelly

Lannie Todd Kelly

Medical Malpractice Attorney - Austin, TX

I am very sorry for your loss. Infection cases are often difficult because infection is a common risk of surgical procedures. However, if the physicians and/or nurses should have caught it sooner AND if sooner detection and treatment would have changed the outcome, you may have a valid claim.

In Texas, the claim would be limited by the caps put in place by our Republican Congress (the so-called "tort reform") because your mother was likely not working at age 75, and this limitation may prevent significant recovery. Despite that, there are still some firms willing to look at such a case. I would be happy to speak with you about this loss, and would be willing to review the records for you. Feel free to call: 713-255-2055

Parker Price Polan

Parker Price Polan

Personal Injury Lawyer - Austin, TX

I'm sorry to hear about your mother. You may very well have a claim against the medical providers. However, Texas laws are not friendly towards med mal cases and they are difficult to prove. I would like to know some more circumstances surrounding this unfortunate situation. 512-472-8318

Jason Eric Kipness

Jason Eric Kipness

Personal Injury Lawyer - Dallas, TX

I am sorry for your loss. Medical records will need to be reviewed by a M.D. to see if there is a malpractice case.


You should not give a statement, give access to your mom's medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for medical malpractice insurance companies for 10 years.

I would be more than happy to talk with you about your mom's case. I can be reached at (214) 800-3454 and my office is in Dallas. We handle cases all over the DFW area.

Please visit the links below for free information about medical malpractice and wrongful death. You can also send a confidential e-mail to my website at



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Medical malpractice

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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