I had a bad wreck . MRI report was incorrect . Hindered medical attention . What can I do ?

Asked over 1 year ago - Odessa, TX

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 .

Attorney answers (5)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Marc Edward Stewart

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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.

  3. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  4. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The statute of limitations in your state is 2 yrs.

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