Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. The answer is yes
, you may have a case here. Allow me to explain.
Legal malpractice in Texas is called professional negligence
. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, you would have to show that a reasonable practitioner of the same school and same or similar community under the same or similar circumstances would not
have engaged in the same diagnosis and/or treatment options, thus not causing you these issues. This may very well be the case here.
May I recommend the Texas Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
The vast majority of the time, medical suits are handled out of court in a settlement so litigation may not even be necessary.
I hope this helps and clarifies. Best of luck.
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