Do I have a claim of malpractice against the nurse and the agency and what is the statute of limitations in Texas?

My son has muscular dystrophy and has home health nurses supplied by an agency. The nurse hurt his leg and foot during transfer from the wheelchair to the bed. He went to the emergency room twice and the knee and ankle were both sprained and a pulled tendon. After 3 months, the swelling went down but his leg still hurts. We have had to be extra careful after this not to hurt it more. He has been taking medicine for pain almost daily. Do we have a case against the nurse and agency and what course of action should we take. The nurse asked if she should be contacting a lawyer and we said maybe she should.

Keller, TX -

Attorney Answers (2)

Kevin L. Colbert

Kevin L. Colbert

Lawsuit / Dispute Attorney - Houston, TX
Answered

Your claim may not be for medical malpractice but for negligence against the nurse and the hiring agency. Consult a personal injury lawyer in your area. You will need your son's medical records from the injury for the attorney to review.

Lannie Todd Kelly

Lannie Todd Kelly

Medical Malpractice Attorney - Austin, TX
Answered

In Texas, if it sounds like medical negligence then it probably is. I would contact an attorney who does medical negligence cases in Texas. These can be fraught with traps for the unwary, so make sure that your attorney does medical cases routinely. My firm would be happy to review it, if you would like. We handle medical malpractice cases all over the state.

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