Harlingen, TX Personal Injury Law Firms & Lawyers | Page 2 Results

If you were an employee of the company, you had two years to file a worker's compensation claim. It would have been difficult to establish facts necessary to bring a claim outside of the worker's compensation system. In any event, there is a three-year statute of limitations within which a suit must be filed for the typical claim like this.

You may have a suit. It depends on whether the surgeon's performance was negligent, and whether you have suffered significant damages as a result. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. You will need a medical opinion as to whether the doctor was negligent, and as to whether the negligence caused the problems you have had since the original surgery. Furthermore, if the problems can be fixed, then your damages may not be significant enough to justify a suit.

You may have a valid medical malpractice claim. You will need another qualified doctor (i.e., board certified surgeon) to testify that your surgeon violated the standard of care.