I'm sorry to hear about your wife's surgery. The answer to your question is yes. You can sue the doctor. However, medical malpractice lawsuits in Texas have become increasingly harder to pursue because of the recent tort reforms. That being said, most medical malpractice plaintiff's attorneys will at least look at the medical records for free to let you know whether or not they feel you have a good case against the doctor, hospital, nurses, etc. I would suggest you give an attorney a call to do just that.
If you'd like, I'd be happy to refer you to, in my opinion, one of the best medical malpractice plaintiff's attorneys in the Houston area. Feel free to give me a call and I can give you his number. My information in on my profile.
Your wife may have a good case. You should contact a medical malpractice attorney to learn the full scope of your wife's rights.
To prove medical malpractice, you need to show that the medical provider(s) in question breached the standard of care and caused your injuries. Not every medical mistake constitutes negligence; the mistake would need to be unreasonable under the circumstances. And, expert opinion is necessary to show that the standard or care was breached. The causal connection between the surgical error and your wife's damages is clear.
Regarding a potential lawsuit, my opinion is that it is much too early to know the full extent of your wife's injuries. The most important thing for her to do at this point is to treat for her injuries and focus on healing. It's unknown how this injury will effect her life and whether she will lose income and suffer more pain and complications in the future. Stil. it would be smart to speak to an attorney to learn about your state's statute of limitations for a medical malpractice claim and to get a better idea about the strenghts of this case.
All the best in this matter. I hope your wife makes a speedy recovery.
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As my colleagues have already pointed out, you could have a claim against the doctor. These actions are complex and one would have to look at all medical records and examine the conduct of the doctor and medical staff. There are several very qualified and experienced medical malpractice attorneys in Texas. I do work closely with a firm in Corpus Christi and would be happy to have someone speak with you if you desire. Always remember that these types of cases have statute of limitations. Don't delay in having your case examined by a qualified attorney. Please contact me if I can assist. I wish the best for your wife during her recovery.
The medical records would need to be ordered and sent by a med mal lawyer to an expert physician to ascertain whether there was a breach of the standard of care.
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Technically you can sue the doctor for malpractice. In Texas, the legislature over the past 10 years plus has passed anit-patient tort reform laws that severely restrict victim rights in medical negligence cases. So you will need to contact an attorney who has expereince in the field of medical malpractice. We handle a lot of medical malpractice cases and just based on your description alone, without seeing the records, I can tell you that this would be a difficult case. It is a common and accepted risk of colonoscopies that the colon may be perforated. Of course, it depends on the severity of the perforation as well. But usually these cases are stronger from a negligence proof perspective if the surgeon perforated the colon, didn't recognize the perforation, the patient has symptoms after the colonoscopy, and is still allowed to be discharged home. From your description, it sounds as if the perforation was caught quickly and then repaired. But again, you should have the medical records reviewed by an experienced medical malpractice attorney to be certain about the viability of the case. Good luck and I hope your wife recovers well.
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