The only way to determine the solidness of your case it have an attorney obtain your medical records and present them to a qualified medical expert to determine if the applicable standard of care was breached.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
Medical malpractice claims are very hard to evaluate over the Internet. You need to have a compete consultation with a lawyer in your area to discuss all the facts. These types of cases are difficult and complicated to pursue. You will need to get with a lawyer ASAP for a proper evaluation.
All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas. If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of GREGG S. HARRISON, PLLC, nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Office of GREGG S. HARRISON PLLC. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. GREGG HARRISON. Visit our website at www.greggharrison.com or call 832-797-7600 to discuss your legal issue; We represent injured persons who have been involved in motor vehicle collisions, 18-wheeler/truck wrecks and motorcycle accidents; all types of general negligence and catastrophic injury claims.
Your medical records would need to be ordered by a local malpractice lawyer and sent to an expert to review to ascertain whether there was a breach of the standard of care.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
it sounds like that they were pretty indifferent but not sure that it arises to
the level of malpractice. the reason is that although they may have
misdiagnosed you, damages may be a problem. but to be sure, you need to contact
a local malpractice attorney in that laws vary greatly from state to state.
At this point, there is no way to tell. You need to consult with a qualified personal injury attorney experienced in medical malpractice law. Preferably, you need to consult with an attorney who is board certified in personal injury trial law and who is AV-Rated by Martindale-Hubbell, the highest rating for legal ability and ethical conduct. I would note that the fact the medical negligence may have occurred in the ER may significantly affect the viability of the case. Because of tort reform, the standard applied to the ER physician involved in your case to determine liability may not be simple negligence. Instead, you may have to prove that the offending conduct was done wilfully and wantonly, which is a much higher standard. There are several things that the attorney that you consult with will probably want to know in order to better evaluate your case. First, they will want to know if you suffered any permanent injuries as a result of the negligence you complain about. Second, they will probably want to know if your child suffered any injuries, or within a reasonable degree of medical probability will suffer health problems in the future as a result of the premature delivery. (Just for peace of mind, you may want to consult with a qualified physician to rule this out regardless). I would note that there are time deadlines, called statutes of limitation, in which you and/or your child must file suit or the claims will be forever barred. The statute of limitations in a medical a malpractice case is like no other that I can think of when it comes to personal injury actions. There are significant protections installed that are in favor of the healthcare provider so you need to consult with a qualified attorney immediately so you or your child do not lose their right to sue. It is true that the statute of limitations for a person 18 years or older in a case involving an identifiable date of negligence is 2 years from the date of negligence. However, other standards apply depending on the facts of your case. With regards to any claim by your child, it should be noted that the medical malpractice statute provides, with regards to minors, that “minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the [healthcare liability] claim.” At least one Texas court has held that this provision violates the Open Courts provision of the Texas Constitution, meaning a minor would have until their 20th birthday to file suit. Nevertheless, you shouldn't rely on this to delay looking into your child's case. Remember, such case law could change and/or be disagreed with. There is currently a way to extend the statute of limitations in medical negligence cases by an additional 75 days but you must comply with certain requirements. The bottom line is that I recommend you call a qualified attorney immediately. I would be happy to consult with you; however, I will be out of the office tomorrow at a deposition and Monday morning at a hearing. If you feel that you can wait until then, you are more than welcome to call my assistant, Melody, at 940.891.0003 and set up a free phone consultation with me for Monday afternoon. Brian T. Cartwright . Board Certified, Personal Injury Trial Law. AV-Rated, Martindale-Hubbell.
Sign up to receive a 3-part series of useful information and advice about personal injury law.