Medical Malpractice & Drug Injuries
I have been practicing law for over twelve years. My father, Dr. Kamal Abadir practiced medicine for
over thirty years before retiring. Dr. Abadir assists me in evaluating cases. We only get involved in cases where there is a clear violation
of the law. If it is clear that there is a violation of the law, I will represent an injured patient in order to help resolve their legal issue,
and hopefully bring a sense of justice and closure to the matter.
Every case is evaluated individually, and you should call me on the telephone to discuss your particular case.
I normally ask my clients to acquire the medical records first before I give an evaluation of their case.
If a doctor or other health care provider has stated that you have a case, I will still require my own evaluation of the medical records before taking a case or rendering a legal opinion.
Chapter 74 of the Texas Civil Practice and Remedies Code governs medical malpractice claims in Texas. You can find the entire Texas Civil Practice and Remedies Code on line at the following link:
http://tlo2.tlc.state.tx.us/statutes/cp.toc.htm
Most health care liability cases in Texas are subject to the two year Statute of Limitations.
If you want to pursue your claim(s), the law requires that you send, to the offending health care provider(s) and any other health care provider that deviated from the appropriate standard of health care owed to you, a notice letter pursuant to Section 74.051 Texas Civil Practice and Remedies Code. The law requires the notice letter to be accompanied by the AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION pursuant to Section 74.052 Texas Civil Practice and Remedies Code. The above mentioned letter and authorization form must be served upon the health care entity that you want to sue for medical malpractice within two years of the date of the medical mistake or within two years of the last day of the continuous treatment by a single entity, which caused your injuries (a Notice letter must be sent within six months if the offending health care provider(s) is a government entity or employee). Otherwise, your claim will probably be barred for timeliness pursuant to the Statute of Limitations or other law.
If you proceed to file a lawsuit, you have 120 days, after the suit is filed, to serve an expert report pursuant to Section 74.351 Texas Civil Practice and Remedies Code upon the offending health care practitioner. The expert's report should specifiy the appropriate standard of care, decribe how the offending health care provider breached that standard of care, and also state how that breach caused and injury. 
