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Texas Medical Malpractice Questions & Answers
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 Criminal Law, Family Law, Medical Malpractice and Sexual Harassment for Texas on
Q: yes I had an endoscopy done and on my pre op exam the doctor made a comment before checking my prostate "now for the fun

I had a endoscopy done and on my pre opp exam the doctor made a comment to me "now for the fun part" as he proceeded to tell me to pull my knees to my chest and press out as he checked my prostate, He did not indicate he was going to do that other thatn tell ing "npw for the fun... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 20, 2022

Change doctors, I dont think you have a lawsuit, You have a doctor with no common sense,

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Doctor paralyzed me 3 shots of epidural neck down for 13 hours permanent back pain daughter now has autism

The last shot they gave me paralyzed me for 13 hours during and after birth from the neck down

John Michael Frick
John Michael Frick
answered on Nov 3, 2022

The consensus of medical research is that giving epidurals to a woman giving birth does not cause autism in the child. Therefore, the standard of medical care allows giving such epidurals.

Suing a doctor for medical malpractice requires evidence that the doctor deviated from the standard...
Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I fell at work fractured the T-12 vertabrae and have damaged to others. Fractured my left wrist, it has other issues,

that have never been completely addressed by the doctor. I was finally refered to neurology a month ago, because after several trigger point injections, a spinal, steroid shots, 5 different muscle relaxers, 2 different pain pills, 3 rounds of therapy that did nothing for me they couldnt do nothing... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Medical malpractice requires proof that your doctor's conduct fell below the "standard of care" for your injury. In order to pursue a legal claim for medical malpractice, you will need an expert report from a doctor explaining in detail how your doctor's treatment of your... Read more »

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 »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I need to know if I can file a lawsuit

I need to know if I can file a lawsuit against the hospital who turned my 17 year old daughter away while she was in a cardiac arrest for she arrived at a later hospital and she died a minute after she arrived parents were never notified until after her death

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

I'm very sorry for the loss of your daughter. This is a heartbreaking scenario. Only a Texas attorney can advise you on civil practice rules, but you originally posted three weeks ago. Please consider consulting with a Texas attorney WITHOUT DELAY if you contemplate legal action. Depending on... Read more »

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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 ,

2 Answers | Asked in Medical Malpractice for Texas on
Q: I had a deep chemical peel in March 2021 , I now have hypopigmentation and scars, do I have a case?

Dermatologist did tell me it was permanent and there was nothing he could do , also have some hyperpigmentation, its been horrible!

Daniel Estrada
PREMIUM
Daniel Estrada
answered on Mar 6, 2022

In order for a Texas Lawyer to answer the question of whether a client's case has merit and will prevail, depends on the evidence against the offending party. In a case against a healthcare provider, many times a doctor or clinic will deny responsibility and your claim requiring you to file a... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: how do you move forward with debt owed to a hospital no longer in business?

years ago i took my 1 1/2 yr old daughter to a "pop-up ER." They incorrectly inserted her catheter and caused 2 hours of pain because her bladder was blocked and unable to drain. Also, she was unable to speak to us to tell us what was hurting. An older nurse recognized the issue, adjusted... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss in greater detail with a Texas attorney, it could be worthwhile to research whether you have anything in your records going back to the time you reached your settlement agreement. If you... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: I'm coming up on the end of a law suit window. how do I extend the window for a law suit

malpractice

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

A Texas attorney could advise best, but your question remains open for two weeks. As a general rule, I do not see SOL waivers granted in lawsuits involving the two categories you mention - personal injury or medical malpractice. Nationwide, it is not common in these high-stakes cases. Only a Texas... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: How can I sue a hospital for medical negligence?
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2021

A Texas attorney could advise best, but your post remains open for three weeks. The description provided here is very brief, but your first step could be to reach out to med mal attorneys. You would need to demonstrate that the hospital breached a duty of medical care. If you contacted law firms... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott
answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Got ran over by a garbage truck!

What can I do? I got ran over by a garbage truck December-11-2020. Stayed overnight at the hospital. The E.R. Doctors sent me home the next day. Workers compensation doctors had me do therapy and they let my foot healed improperly. I was forced to walk on my foot for months with it like that until... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2021

A Texas attorney could advise best, but your question remains open for three weeks. The doctors who sent you home might argue that their decision was a sound one based on findings of a physical examination, x-rays, CTs, or other medical evidence available at the time they formulated their... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can a physicians services company still bill months after hospital charitably written off services and "closed account"?

I received a bill recently for services that had happened close to nine months ago. I had been approved for financial assistance for those services from the hospital and received a letter saying that "my account [was] closed" around six months before receiving this new bill. Can someone... Read more »

Tim Akpinar
Tim Akpinar
answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for four weeks. More details could be helpful here. But as a general matter, a patient could be billed by more than one entity for services received in a hospital. A hospital could have its primary billing and collections office, but in... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Do I have a shot?

I am a 23 year old man who almost died due to a very large pharmacy giving me the wrong anti seizure medication, even putting the label over it stating that it was the correct one and telling me to take 5 every night. This caused me to have a seizure in my sleep while vomiting, unable to turn to my... Read more »

Tim Akpinar
Tim Akpinar
answered on May 11, 2021

A Texas attorney could advise best, but your post remains open for two weeks. And that Texas attorney would really be your current attorney, since you mention being "lawyered up." It isn't clear if this situation transpired OVER [THE COURSE] OF TWO/THREE WEEKS, as you wrote in your... Read more »

1 Answer | Asked in Juvenile Law, Medical Malpractice and Health Care Law for Texas on
Q: Can a 16 year old minor be prescribed medication with only one parent knowledge and consent in Tennessee?

My wife scheduled mental health counseling for our 16 year old son. Prescription medications SERTRALINE

and FAMOTIDINE were prescribed. I am the father. And was not aware or approved of prescription medications. Can a minor in Tennessee be prescribed these drugs without both parents consent?

Jonathan Tanaka
Jonathan Tanaka
answered on Mar 24, 2021

Hello, thanks for your question!

I am not a doctor and am not sure what those prescriptions are for, but since you're both married and this is your son, you both are free to make medical choices regarding your son, either jointly or separately.

I would suggest that you...
Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Malpractice breaking iv,plastic peace in arm causing massive thrombosis in vain harming the patient physically mentally

I have medical records Showing plastic broken in vain causing damage to functional conditions in arm and fingers causing no feeling serious neuro damage in my left arm I us,interfering with work

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for a week. I'm sorry for your ordeal, but it would be difficult for any attorney to comment meaningfully on this, despite the clear and apparent nature of what you describe - it would call for a medical opinion. You could reach... Read more »

1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was burned with a cutting tool durring an ORIF procedure . Its about the size of a quarter and had a hole in middle.

After awakening from surgery I was told I was burned by accident but not told how to care for it. I called the doctor after the bandage got excessively dirty with drainage. The doctor apologized and told me a piece of equipment slipped. Do I have a case

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

A Texas attorney could advise best, but your question remains open for two weeks. You could reach out to local attorneys for an initial consult - most firms in this field offer free initial consults. They would probably request additional information about the burn (location, severity, permanence,... Read more »

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