Strike Nine. No lawyer will take Mom’s case because of Texas tort law. Help.

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8 Responses

  1. Trantorian - October 28, 2013

    Call me if you need to. Let me know and I’ll send my number.

  2. Mugsy - October 28, 2013

    Thanks, though you don’t mention how you believe you might be able to help.

  3. Trantorian - October 29, 2013

    I’m a HC practitioner. Just someone to bounce off of and vent to. I have no ready solutions. But maybe some ideas. O/W call the state board of medical quality assurance or whatever comparable organization that exists in TX and file a complain, using names. Also write to local newspapers and media websites and blasts those f*****s on public forums. It MAY get a reaction from them. I’m really sorry I can’t help more. If you need some medical advice I’m here for you as best as I can.

  4. Grant in Texas - October 28, 2013

    Have you tried going to our two law school faculties here in the city, South Texas (Now A&M) and U of Houston?  I had a botched hernia surgery at age 26 on top of poor post-op care at the old Memorial Baptist system that essentially left me impotent.  My brother was in his second year at South Texas at the time and said that malpractice was hard to prove as doctors are most reluctant to testify against each other.  The second surgeon who made the repairs shook his head and remarked he’d never seen such a poor job, even when having bullets part his hair in a Korean War M.A.S.H. surgery tent.  However, he probably would “forget” that remark in court.  Wishing you success and best wishes to your mother.

  5. Earnest Weaver - November 9, 2013

    The case in question involved a baby who evidently was delivered by cesarean section too late, resulting in significant damage. His mother was awarded about$3.4 million in medical damages and about$1.5 million in non-economic damages. The law reduced that latter amount to $350,000. She sued that this was a infringement on the right of juries to decide matters like these. She won.

  6. Dora D. Guerra - November 22, 2013

    The new law provides defendants greater flexibility to move cases out of state courts and into federal jurisdiction, which has historically been more favorable to big business in civil suits.

  7. Admin Mugsy - November 22, 2013

    Interesting, though taking a “malpractice” suit to the Federal Court, you are (quite literally) “making a Federal Case out of it”, requiring entirely didn’t charges.

    Short of accusing the doctor/hospital of “murder” or administering the wrong medicine because they got kickbacks from the pharmaceutical industry, you really can’t simply charge someone with “malpractice” unless their actions put the nation as a whole at risk. 🙁

  8. Admin Mugsy - November 26, 2013

    A follow-up to anyone following this story.

    Two more lawfirms rejected taking the case (making 11 total), though one of them was willing to sue over the “bedsore” she developed in that same hospital (the simple stuff is easier to win.) I turned down the offer because 1) If I sue over that, it’ll hurt my credibility if I’m able to pursue a case over her REAL injury and 2) I might not even get the pathetic $250K max.

    I also re-contacted one sympathetic lawyer over the possibility of suing the law itself. He said it’s been tried and the law was upheld as constitutional in both State AND Federal court.

    ANY suit based on “Malpractice” is dead in the water. I need another grounds upon which to sue.

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