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Texas Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: The hospital gave me a medication 900 mg higher than my usual dosage which caused me to be admitted to a rehab facility.

I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 15, 2023

You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state

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....
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1 Answer | Asked in Health Care Law for Texas on
Q: I received a medical bill 3 years and 4 months after services were received. Am I responsible for this bill?
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Maybe, but maybe not. The Texas Civil Practice and Remedies Code provides as follows:

Sec. 146.002. TIMELY BILLING REQUIRED. (a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the...
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1 Answer | Asked in Health Care Law for Texas on
Q: I was misdiagnosed and my hospital paperwork was given to another patient as I received theirs
John Michael Frick
John Michael Frick
answered on Dec 7, 2022

It’s great you discovered the mix-up before any harm was done. Return the other patient’s paperwork to the hospital and let them know so they can get the right information into your medical records.

1 Answer | Asked in Health Care Law and Family Law for Texas on
Q: I have a question about Medical Power of Attorney abuse in Texas

My husband's mother is 85 years old with dementia, she fell and had to have surgery she is in Neuro ICU right now. My husband's sister has the Medical POA and she refuses to give us the code to call the nurses station to get updates on his mother!! The medical staff will not speak with... Read more »

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

It sounds like there is no abuse and the medical POA is working exactly the way it is intended to.

Your mother-in-law chose your husband’s sister to be the person to receive her medical information and to make health care decisions on her behalf. You have no business calling the nurses...
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1 Answer | Asked in Elder Law, Family Law and Health Care Law for Texas on
Q: What type of attorney would you need for hippa violation, elderly, disabled abuse, illegal search in hospital setting

Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

There is no single answer to your question.

HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.

Elderly disabled abuse is...
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1 Answer | Asked in Health Care Law, Civil Litigation and Criminal Law for Texas on
Q: I wanted to ask if I have standing to bring a lawsuit against a hospital that had me arrested for assault

While a patient in the emergency room at a hospital in Amarillo, TX I had a grand-mal seizure. While having the seizure a security guard for the hospital was trying to hold me down to a bed and I have been told that I had bit him and ran from the hospital. Well 4 months later I got stopped on the... Read more »

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

If you successfully defend the third degree felony assault case, you might be able to sue the complainant—whether that’s the security guard or the hospital—for malicious prosecution.

This is a very difficult type of lawsuit to prove, so be prepared to pay a hefty fee to any attorney...
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1 Answer | Asked in Civil Litigation, Health Care Law and Public Benefits for Texas on
Q: Is it appropriate if a big public hospital only let people pay parking fee using an app? Is it a discrimination?

Only accept payment using app

No credit card payment or human service at the gate

Only very simple instruction of payment at the gate and not very eye-catching

No payment instruction anywhere in the hospital, like inside elevator or entrance of building.

No payment... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Many parking lots are quickly becoming pay by app. It’s easy. It’s convenient. It’s efficient.

I don’t see how it discriminates.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Is it unprofessional to say “ now for the fun part” before a prostate exam?

I got told this in front of my girlfriend before a doctor proceeded to check my prostate. I found this very upsetting and unpleasant.

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

IMO it is unprofessional, albeit not illegal. We men have to endure dozens of prostate exams in our lifetimes as part of our annual

physical exams. And we don’t find them fun. The doctor’s misguided attempt at levity could easily be misconstrued by a patient and probably ought to be...
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1 Answer | Asked in Health Care Law and Personal Injury for Texas on
Q: How long do sun behavioral hospital in houston keep the video footage of patient.

It’s been 1 and a half year since my brother was discharged and we are looking at a lawsuit. Ty.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If you filed a lawsuit, I would use the discovery process to find out.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... Read more »

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Texas on
Q: I have a medical bill that is over 12 years old that is from when my parents passed. Never agreed to make payments.
John Michael Frick
John Michael Frick
answered on Sep 6, 2022

In the absence of an agreement, a child is not personally responsible for a parent's debt. In the absence of the acknowledgment of the validity of a debt, the statute of limitations to collect a debt in Texas is four years.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: I was in to the hospital for kidney stones and a severe UTI. I ended up septic

They gave me the wrong antibiotics twice

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for attorneys to offer guidance here. There wasn't a question, but it looks like you're wondering about your legal rights. That would call for a medical opinion. You could reach out to... Read more »

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Health Care Law for Texas on
Q: husband rescheduled mediation for 6/22. I can't wait that long due to health issues/ins. How do I ask courts sooner date

Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 1, 2022

You need to have your family let you borrow money so you can retain a lawyer,

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Health Care Law and Landlord - Tenant for Texas on
Q: Can you record a person without them knowing?

If I'm on the phone and use another device like ipad to record conversations, do i have to let the other person know I'm recording them and can I have a recording app on my phone to record my conversations?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 3, 2022

In Texas only one person has to know that you are recording

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I was lied to about the burn on my back. This happened 11/20/2020. I've been trying to advice but no lawyer wants it

I received an Epidural and which I was stuck several times. The next day I felt bad pain in my back I asked many times what was back there. K was told it was a reaction from tape. While changing the bandage she didn't have enough supplies and so she stepped out. I got up and took a picture of... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

You do not have a medical malpractice lawyer because of the current law. Talking to the liaison is a good idea ,

1 Answer | Asked in Family Law, Health Care Law and Municipal Law for Texas on
Q: Can I take legal action for mentally ill wife's aunt convincing her gambling and alcohol is ok.

Wife is on 6 mental prescription and release to outpatient home care under my guardianship. Aunt is brainwashing her into gambling and alcohol. And threatening me for trying to stop it.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 15, 2022

You can tell the lady to stay away from your mentally ill relative. If you have guardianship of the person and her money don't give her money to gamble.

1 Answer | Asked in Bankruptcy and Health Care Law for Texas on
Q: I won a lawsuit where I was told that I couldn’t speak about the settlement or the case.

I won a lawsuit for medical malpractice. I was told I couldn’t speak about the facts of the case or settlement. If I keep all names and settlement amounts confidential may I tell my story? The company who I sued has also filed bankruptcy. How do I find out if the company was liquidated? This is... Read more »

Timothy Denison
Timothy Denison
answered on Mar 1, 2022

One would have to see the actual settlement to properly answer this question, but I would advise against any disclosure. Many times there are severe consequences for breaches of confidentiality. I think the safest course of action is to remain silent and disclose nothing.

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Q: I'm being accused of Flipping a child, there is footage of the event and this is the investigator's opinion need Help

The investigator told me "It looks like you fliped Him?" did you flip him I replied no! I was given the option to Resign or get Terminated by 8:00 am November 12, 2021 Also she asked if I had CPI training "Crisis Prevention Institute" I've worked for the Grand Prairie... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You're asking for a professional to review the video. There are investigators and safety/security experts out there who could probably do that. Although the matter appears to involve a number of areas, an employment... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: is it legal for my employer to ask if i've been vaccinated? We have to take a "mandatory" survey

i don't think i should be forced to voluntarily provide medical information

Carrie Dyer
Carrie Dyer
answered on Nov 10, 2021

Yes, nothing prohibits your employer from asking whether you are vaccinated.

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