My incisions after gallbladder surgery were closed with Glue. I had told doctors and written down on forms before surgery that i was allergic to Glue. it took me at least four month for my incisions to heal. They got infected and irritated. Can I sue doctor and Hospital ?
In my opinion probably not. Not because the doctors didn't do something wrong, if you informed them in writing that you were allergic to glue and they used it anyway, it seems pretty clear to me that they screwed up. The problem is that "tort reform" in Texas has made it very difficult and expensive to file medical malpractice lawsuits and there is now a cap on the amount of money damages a person can recover for non-economic damages like pain and suffering. Due to changes in the law many attorneys will not take a medical malpractice case unless it involves catastrophic injury or death and the damages are not subject to the cap. For example, if a doctor's negligence causes a high-earning person to no longer be able to work, the future lost earnings are not capped and that is an economically viable case for a lawyer to take.
If you don't think this is fair and you think everyone should have access to the courthouse and a jury should be allowed to decide what damages are fair, you should tell your friends and write to the legislature.
Here is a very well-written article talking about tort reform and medical malpractice: http://www.houstoniamag.com/articles/2014/9/30/justice-undone-torn-reform-gone-too-far-october-2014
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
You can sue for the departure but the damages may not justify economically such an action. Consult with local malpractice counsel.
Sounds as though you do have a cause of action if they disregarded your written instructions.
Because of tort reform in Texas, it is difficult to find an attorney who will undertake your case.
You mention you were out of work for 4 months,suffered from an infection and obviously were in severe pain from the irritation. If you have the records reflecting your instructions to the Doctor and Hospital and can show sufficient damages, you may be able to find an Attorney to represent you..
My answering this question does not mean that I am your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. It is recommended that you speak to an attorney in detail regarding your case. I am licensed to practice law in several states including New York, Florida and Colorado. The laws of your jurisdiction may differ. Please remember that legal proceedings involve deadlines and statutory time limiting statutes.
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