My daughter cut her finger went into the ER. She was given instructions which she followed exactly. Once she got to Orthopedic it was too late her finger (pinky) and now the finger is peramantley damaged. Orthopedic said she should have been refd to him same day as injury. As a result she has had 2 surgeries to repair and she has gone thru months of physical therapy. The lawyer for the hospital ignores all corospondance from us. We cannot find a lawyer is there anyone out there that can help. The ER doctor even admitted to his own lawyer who told my daughter that the ER doctor said he was in no mans lands. In other words he did not know what he was doing. It has been over a year and over 8 months since my daughter made a claim to the hospital.
OK I will be the lightening rod here. Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider. Medical malpractice requires establishing that a patient was caused injury as a result of medical care that fell below the average standard of care. That is undisputable law.
Application of that law to any situation requires vast resources in terms of time and money. Even a very simple medical malpractice case can cost approximately $10,000 in expert medical witness fees and more typically a case can cost approximately $60-80,000 in medical expert and other witness fees. Therefore, and I hate to be the one to have to put it in these term to you, but it is true that most medical malpractice attorneys very carefully select only those cases that have extremely clear liability and very substantial damages.
I would focus on getting the best possible medical care for your daughter and helping her as much as possible with her physical therapy and home exercises. The hospital does not care because, after years of "tort reform" rubbish and general anti-attorney sentiment in the USA, they, frankly, don't have to care.
I hope that you prove me wrong. Keep looking for legal representaiton and email me that I was wrong. I wish you and your daughter the best.
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
The previous answer is, in my opinion, spot on. The reason you may not be able to find a lawyer in Texas to take your case is because it is not economically viable. The cost of prosecuting the case, together with an attorney fee, may well not leave your daughter with anything at the end of the day. That kind of result would only end with you feeling victimized twice. Those of us who concentrate all our resources on medical malpractice cases, day in and day out, are all to aware of the costs and risks associated with these cases.
Another factor is that the law in Texas is extremely favorable to the physicians.
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.
Unfortunately, there may be a couple of reasons you have been unable to find a lawyer. First, in order to be successful in these cases you have to demonstrate a breach of the standard of care. That requires expert testimony. So assuming you can do that (which is not certain) you get to the second issue… $$$ It costs a lot of money to prosecute these cases and it is not likely that injury to a finger will be worth enough to justify bringing the case. It is a problem for plaintiffs all over this country. They are unable to bring viable claims because it is cost prohibitive. It certainly does not help that many states require extra hurdles before a claim even be brought. That being said… keep looking and hopefully you will find someone who is willing and able to assist you and your daughter.
I do not practice in TX but it is my understanding that to recover against an ER doc in TX the plaintiff is held to an even higher standard of proof than the general standard Mr. Myers describes. In addition, there is a cap in TX for non economic damages that severely limits what can be recovered even if you win. Those are two most likely additional reasons your daughter can't find a lawyer who will take the case. If you want to change bad laws like these, you have to get politically involved in these issues. The public isn't, the doctors and hospitals are. That's how they get such laws passed.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
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