Yes, you have a case, however, it is too soon to know whether it is economically viable or not. Malpractice cases are extremely expensive to prosecute so unless you have severe and/or permanent injuries, the damages simply aren't sufficient to justify pursuing the case. Give it some time and see how you recover before seeking an opinion from a local attorney who specializes in malpractice.
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. For more information, see www.hendricksonlaw.com.
Consult a medical malpractice attorney to review all the medical records and advise you accordingly.
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It is too soon to know if you have a good case because you do not know the extent of your permanent damage--it will always come to a cost v. potential for recovery analysis. However, you should immediately write down everything you remember like a diary or journal of events to protect against memory failure should timing of events and remembering exactly what was said and done when becomes necessary for your suit. I would also suggest that you obtain a copy of your medical records now. Just a letter requesting a copy of your records sent certified mail return receipt requested should do it. Then, take good clear pictures of your injuries. If you do not have a good digital camera find someone who does. Be prepared to take this all to a competent medical malpractice lawyer in the event that your injuries turn out to be permanent or advance in degree or symptomology. You only have two years from the date of injury to bring suit, so don't wait to the last minute to get a contract signed with a lawyer. Seek a second opinion. Consider filing a complaint with the nursing board and possibly the Texas Board of Medical Examiners.
Every case is different and it is difficult to get a true feel for the case from these limited postings, so please do not take these comments as legal advice. Always consult with a knowledgeable lawyer before making any potentially life-altering decisions.
Hopefully. You do not have permanent injuries. If you are not back to your normal self within a few months, you need a lawyer. I recommend you find a new doctor and continue treatment. If you have any questions please do not hesitate to ask.
Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.
As the other attorneys pointed out, while you may have a good case on liability, it is unclear at his time whether you have permanent damages. Usually if you haven't had resolution after 6 months to 1 year, there is a likelihood it may be permanent. Hopefully you will have a resolution of your symptoms. It is still worth discussing with an attorney, and then, it is entirely up to your attorney on whether to wait to see if your symptoms resolve.
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