Had a wreck in 2010 . Recently discovered that wrong info was given to me of a perfect back , not even w / previous injuries . Chiropractor and disability lawyer and his medical advisers - all agree that these records cannot be mine . Med . treat mt was denied b / c of this . Disability was denied also . Several times requested correct med . records , even sent certified letter in Jan . , but the center says this is what they have only . This has greatly hindered me . Do I have any legal grounds in this case ? I do not have the money to pay for an MRI .
I think that you have a tough case. There may be statute issues. Consult with a local medical malpractice attorney as soon as you can.
There appear to be time bars that would preclude you from bringing a suit. In Texas, whether you are bringing the underlying personal injury (car accident) claim , or a medical malpractice claim, you only have 2 years. There are some exceptions where you could not have reasonably known of the error, but in a case where you are still feeling pain in your back, it would likely be incumbent upon you to follow up and have additional testing done, such that if one set of records were incorrect, subsequent records would reveal your injuries. Good luck
* Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!
Ethics / Professional Responsibility Lawyer
I think you will have a hard time finding a lawyer to take on your case. Your case does not seem very strong based on the facts you have described. Moreover, you are in TX, which has laws that are very unfavorable to medical malpractice plaintiffs. You can call some TX med mal lawyers for phone consultations, which are generally free.
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Medical Malpractice Attorney
If you are wondering whether you have a medical negligence claim for a mis-read of an MRI back in 2010, then you likely do not have a path forward. In Texas, the statute of limitations is a strict 2-years and that has now expired. I realize you didn't know you'd been possibly malpracticed. Unfortunately, the Texas Republican Supreme Court does not recognize the old "Discovery Rule" that would help you modify the 2-yr deadline. Plus, just generally, you're in Odessa. That's the worst part of Texas to try to bring a malpractice lawsuit. I could probably count on one hand the number of successful medical negligence claims between Austin and Fort Stockton in the last 10 years. They're just not winnable with your juries. Attorneys out there just don't take these cases any more.