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Is there any way possible to take a state doctor to court for a medical malpractice if patient was on medicaid but now deceased?

Killeen, TX |

In !998, my mother passed away of brain cancer...but the thing is...we hired a private doctor for diagnostics which he missed diagnosed her for a whole year and was telling her she was just having severe migraines. At the time of the surgery, the state doctors had the x-ray of her head up-side down...so they operated on the wrong side of the head which caused the cancer to spread to the other side..thus causing her death

Attorney Answers 4


  1. I've moved your comment to the Medical Malpractice area since this is not an Elder Law issue. With that said, if your mother passed away in 1998, I do believe you are well past the statute of limitations or time period in which you can bring a suit.


  2. First, let me state that I'm not licensed to practice law in Texas and, therefore, I'm not familiar with the statute of limitations for medical malpractice or wrongful death in Texas. That being said, I can say with near certainty that the time limit for filing a claim for a death in 1998 is long gone. The limitation periods in most states are 2 or 3 years, with some rare exceptions going as long as 5. But I've never even heard of a 10 year limitation period for a medical malpractice or wrongful death claim in any state, and certainly not 14.

    A quick call to a medical malpractice attorney in Texas should get you a definitive answer.

    This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. Mr. Hendrickson can be contacted via his website at www.hendricksonlaw.com.


  3. In the state of Texas, a claim must be brought before the court within two years of the act or lack of treatment that caused further injury or death. No action can be taken after 10 years. In the case of a minor under the age of twelve, action must commence by the child’s fourteenth birthday.

    Gary S. Sinclair is an attorney licensed to practice in Massachusetts. All answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.


  4. In Texas, the statute of limitations for adult medical malpractice cases is two years. That means that a claim back in 1998 is barred. The fact that a patient was on Medicaid does not change the general statute of limitations.

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