If there was a breach of the standard of care, she can sue. Contact a medical malpractice lawyer in your city from AVVO for a free consultation to discuss all the facts and circumstances.
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A bad result alone does not prove that a surgery was done incorrectly. Your mother would need to retain an attorney and the attorney would need to obtain the records and have them reviewed by an expert. You may not have an easy time finding a lawyer in Texas willing to undertake a medical malpractice claim. Tort reform legislation has greatly reduced patients' rights to sue and receive compensation in Texas.
A medical expert will need to say that the standard of care was breached. To satisfy yourself that you have explored this completely, you should talk to some attorneys in your area to see if you have a case.
JOYCE J. SWEINBERG ESQUIRE
Attorney at Law
105 A East Maple Avenue
Langhorne PA 19047
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
I agree with the other answers to this question. And in addition to how difficult it is in Texas to bring a medical Malpractice claim, John Peter Smith is a county hospital with certain immunities with limits on liability that also can make an attorney think twice about taking your case.
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