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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I have a settlement payment arrangement changed years later?

I was a baby when my mother passed from a mal practice in a hospital. There was a lawsuit and the judge advocated for me to have my money set up a certain way. I understand he thought it was in my best interest but I’d rather have all or some of it now. I want to purchase a house and I can’t... View More

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2024

No you cannot have it changed.

But you can sell it. But it would be at a steep discount. Make sure you study any companies you consider and the fine print-not all companies are fair.

0 Answers | Asked in Insurance Bad Faith and Medical Malpractice for Texas on
Q: I paid a hospital my total out of pocket max on my medical insurance before having a surgery done,

Apparently they did not report this to the Insurance company because all the doctors and medical bills should have been paid 100% by insurance but I'm receiving bills from all of them because insurance company say's out of pocket has not been met yet I have talked to both the Hospital and... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case?

On Sept. 20, 2023 I took a bad fall and shattered my left femur in half and tore ligaments in my left foot along with fracturing 2 metatarsals and broke 4 toes on my right foot. Surgery had to be delayed until Sept. 23 due to damaging my kidneys and needing a blood transfusion. So all along up... View More

Gail N. Friend
Gail N. Friend
answered on May 13, 2024

Based on the information you provided, your injuries occurred 8 months ago, due to trauma significant enough to fracture bones in both extremities, complicated by infection. What you did not provide is information about your underlying medical conditions, and prior medical history. We also have... View More

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2 Answers | Asked in Medical Malpractice for Texas on
Q: I passed out in a hospital and fell and broke my hip. They said not a surgical candidate. Sent me to a nursing home.

I'm 55

Gail N. Friend
Gail N. Friend
answered on May 6, 2024

Since this message indicates You are in Texas; you may call Nurse Attorney Gail Friend at Friend & Associates as there are medical issues involved in your question. That is, expedited treatment of a fractured hip is the usual standard, Unless you were in the hospital because of underlying... View More

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0 Answers | Asked in Criminal Law and Medical Malpractice for Texas on
Q: Im looking for a lawyer who can assist with a criminal case as well as against a vet for malpractice. Do I have a case?

My wife, son, and I were going through a move this week, I left my 15 year old dog with some family for 24 hours. In that 24 hours they scheduled an appointment at the vet wothout my knowledge, took him in, euthanized him, signed all the forms- all without my knowledge or approval. The vet also... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Is it a hard question people don’t understand it happened 34 years ago and it still will be with me till the day I die

If no statue limitation, but only has six months file charges on the surgeon. I didn’t have six months because it took me nine months before the wick lady in Louisiana found one hernia took into the emergency emergency room. The doctor said he’s got two hernias he was born with. Thank God I... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

It is unclear what your question is.

The statute of limitations for a medical malpractice case in Texas is two years. That means that, ordinarily, a patient must file any lawsuit asserting a medical malpractice claim within two years of the date that the cause of action accrued....
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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
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2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 30, 2024

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Wife was and is going through terrible for awhile and she went to the hospital ER here and they misdiagnosed her.

After they said she was fine, they sent her away with basic pain pill prescriptions and after another week of his pain, she went to her regular doctor and she was given the same tests as before: blood urine and such, but her doctor found she had e.coli!

She could have died she was told!

Joel Gary Selik
Joel Gary Selik
answered on Nov 29, 2023

It is a possible medical malpractice case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries...
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2 Answers | Asked in Medical Malpractice for Texas on
Q: What type of lawyer do I seek for a surgery gone wrong?

There could be some illegal activities involved.

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2023

Consult with experienced Medical Malpractice attorneys in the state where this occurred.

Use the link on Justia.com to search for an attorney.

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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Went to a Dentist, they really messed up my teeth badly. What can I do, Sue?

Got pictures of what my teeth looked like before the dentist and after.

Joel Gary Selik
Joel Gary Selik
answered on Sep 14, 2023

You might have a case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may effect...
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2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I need to file a claim against Brooke Army medical center pro se. Is it hard, do I need to attach medical records?

Is asking for 5 million too much. My sf95 was denied and so was my appeal.

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

You will need to include with your filing the required report of a medical professional in the same field of medicine and the same area of specialization as the healthcare provider who you are accusing of malpractice. Be sure you understand exactly what is required.

What is reasonable in...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Misdiagnosed of a rare cancer

I was misdiagnosed of a rare cancer in 2021, and received 14 series of chemotherapy on a weekly basis. I was was told that I have only 3 years to live without treatment and 5 years with treatment. I sought second opinion and after a PET scan, the diagnoses was not right, I don't have a... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

Yes, you might have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. The time limitations may also be an issue. Due to the nature of medical malpractice cases, the extent... View More

3 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for Texas on
Q: where can I find a healthcare lawyer who handles general negligence, medical negligence, & unprofessional conduct?

A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

This is an extraordinarily unusual situation and there is no clear 'area of law' that governs it.

Complaints about unprofessional conduct of a dentist can be made to the Texas State Board of Dental Examiners (https://tsbde.texas.gov/complaint-investigations-process/). This may...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I sue a dental office for malpractice? Last August went to dentist for partial upper and lower dentures.

Was put under sedation so didn’t notice until I got home that every tooth had been pulled. They had an orthopedic surgeon come in to do the procedure but unfortunately he was given the wrong info. I contacted the office the same day through my niece whom works there. The Dentist that did the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

No wonder you’re upset.

You have a case. Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Can the female genital mutilation law from 1999 be used in conjunction with the new gender mutilation law, sb14? Also, I was told not a single DA would take a case with the charge from the... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Built into the 1999 law is the following defense:

"It is a defense to prosecution under Subsection (a) that:

(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license; and...
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