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
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I am very sorry for your mother's situation. This may indeed
be a case of medical malpractice.
In a medical malpractice case in Texas, the plaintiff must prove that:
(1) the defendant (the physician or medical entity) owed her a duty to act according to an applicable standard of care,
(2) the defendant breached the applicable standard of care,
(3) she suffered an injury as a result (i.e. her almost dying), and
(4) within a reasonably medical probability, the defendant’s breach proximately caused her injury. Mariner Health Care of Nashville, Inc. v. Robins, 321 S.W.3d 193, 205 (Tex. App.—Houston [1st Dist.] 2010, no pet.).
As such, this may be medical malpractice. 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.
Very often, this is settled without even the need to go to Court, as the insurance
that covers the medical entity/physician will offer to settle out of court to avoid litigation
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