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1) This is an issue of potential malpractice leading to wrongful death
for misdiagnosing him, for which you can sue the doctor who examined him. Under Texas law, you have only 2 years from the occurrence or the discovery of the malpractice to sue. See: TX Civ. Prac. & Rem. Code. § 74.251(a).
In order to bring a wrongful death/malpractice case you must get his records examined by a medical expert and they must be able to testify that had this infection been discovered sooner when it was misdiagnosed as a murmur, he would not have died. The Texas law states you must have an expert report to submit with any malpractice suit within 120 days of filing the suit or it will be dismissed. See: TX Civ. Prac. & Rem. Code. § 74.351. While TX courts hold that expert testimony
is ordinarily needed at trial to establish medical malpractice, Hart v. Van Zandt
, 399 S.W.2d 791 (Tex. 1965), even if expert testimony is not needed at trial, an expert report must be submitted. Murphy v. Russell
, 167 S.W.3d 835 (Tex. 2005).
Thus, you do have recourse on the death of your son resulting from the misdiagnosis, but you need to get moving because the statute of limitations
2) I am afraid that the judge has absolute statutory immunity in Texas law, which means that any judge in performing his duties is immune from any civil lawsuit for doing such. Thus, his comments would not subject him to a lawsuit by you as he is immune from any such suits by Texas laws.
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