What you have described sounds like something that should be looked at carefully. In Texas, a lawsuit like this almost always must be filed within 2-years of the date of the negligence. There are shorter periods for giving notice, etc., if a government facility is involved. Whether a lawsuit is ultimately feasible will depend in the largest part on the strength of proof of negligence and the provable economic loss associated with the injury. That is a long way of saying that you should contact a board-certified attorney as soon as you can if you are interested in evaluating this further and making the best decision you can about whether to proceed with a lawsuit.
That would be tough, especially in your state, but the only way to know if there was malpractice is to retain a local lawyer who can order the medical records and send 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
I agree with Mr. Lassen that you need to have the case looked at. This case may be one where the damage caps prevent any "real" justice in Texas, but it would be a case worth pulling the records. Many attorneys in Texas now ask the client to get the records on a case with a close call, so I would not be surprised if you run into that scenario. You are welcome to call me, if you would like further information: 512-346-5688.
Responses to questions asked on this internet forum are not intended to form an attorney-client relationship. These responses are intended as general information only, and are based upon the attorney's understanding of Texas law ONLY. Other jurisdictions may have different laws, or may interpret the laws of the jurisdiction differently. For a more detailed response, contact Todd Kelly at the Carlson Law Firm: 512-346-5688.
Sign up to receive a 3-part series of useful information and advice about personal injury law.