Nixon, TX Personal Injury Law Firms & Lawyers

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 file a lawsuit against the drunk driver, but it sounds like the driver did not have insurance. So, a lawsuit against the driver may prove fruitless. If you have your own underinsured or uninsured motorist coverage, that may be the best claim to make. A good personal injury lawyer will know how to handle this type of claim.

First, your could not sue in court for this as your exclusive remedy against your employer for this type accident is in worker's compensation, regardless of whether the employer's actions contributed to the accident. If you could sue in court, it is too late as there would be a three years statute of limitation. If you have not already brought a worker's compensation claim, it is too late for this also as there is a two year statute of limitation.