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Texas Health Care Law Questions & Answers
0 Answers | Asked in Civil Rights, Health Care Law and Medical Malpractice for Texas on
Q: How do I know I'm choosing the right medical malpractice lawyer?

I was taken to the ER and treated terribly. Found out over a month later from my surgeon that I should have at the very least been offered surgery the day of the accident. They sent me home in a cheap sling and said go see an orthopedic. To top it off they were rude and I couldn't even call... View More

0 Answers | Asked in Family Law and Health Care Law for Texas on
Q: How can I make the hospital disclose the date that the destroyed pathology specimens?

The hospital had an internal policy requiring them to maintain the pathology specimens for 11 years. They were given multiple notices to retain the specimens so that I could take charge of them for research purposes. I properly submitted the letters testamentary and prove that I was the sole and... View More

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Small Claims for Texas on
Q: I have a question about challenging someone for breach of contract due to deceptive practices and false pretense

I had met with a trainer to help build muscle mass back since I had lost so muscle mass due to a past gastric sleeve and a more recent liver transplant. The contract states that he would provide nutritional and fitness advice to help me achieve my goal. He was made aware of my restrictions. The... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, what you describe sounds like it would be a difficult case. I believe it could be challenging to get a law firm to consider handling something like this on a... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I'm in bad need to find an medical malpractice attorney.

Can you provide me with the liability insurance company that provides coverage to Metroplex medical centere in Fort Worth, tx ?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

A Texas attorney could advise best, but your question remains open for a week, and you mention being in urgent need of an attorney. To avoid further delays, your best option is to affirmatively go out and seek an attorney. To supplement your searches, you could use the tab above, "Find a... View More

1 Answer | Asked in Contracts and Health Care Law for Texas on
Q: 1. I needed to get full power of attorney to make financial and medical decisions for my father.
John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Your father can go to a lawyer and ask that one be prepared for his signature, assuming your father is mentally competent.

1 Answer | Asked in Health Care Law for Texas on
Q: I am an international student at my uni and I am supposed to have health insurance through my tuition and I pay for it

I paid all my tuitions and I was supposed to have health insurance. But I needed to visit hospital but they told me that I don't have an insurance. I am supposed to have my insurance through my university due to the agreement. What can I do? Can I sue them?

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2024

A Texas attorney could advise best, but your question remains open for two weeks. It's possible you might need to sue, DEPENDING on your rights and the provisions of your plan. It's also possible that your plan may not cover the services you received. No one here could know, based on the... View More

2 Answers | Asked in Personal Injury and Health Care Law for Texas on
Q: Hello,My name is Charles and my mom was in the care of a caregiver at time of her accident when she was left alone.

The caregiver brought her back from an appointment and left her alone while using her walker on the sloped driveway. She fell and broke her arm and has been hospitalized since. This happened on 8-20-2024. We have all kinds of surveillance videos of what happened and they are deeply disturbing. The... View More

James Clifton
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James Clifton
answered on Sep 30, 2024

Based on the details you provided, you may have grounds for legal action against the caregiver and the agency responsible for her care (Home Watch Caregivers). The caregiver's negligence, such as leaving your mother alone on a sloped driveway and being distracted on the phone, could be key to... View More

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2 Answers | Asked in Health Care Law for Texas on
Q: Received a 4,000.00 bill from doctors office 3 years after surgery. Never got a call, statement during the three years.

The only reason I knew I had the outstandng balance was because I tried to make appointment and was told I could not coe in until i took care of the bill. They sent me statement. But it was three years old, no late fees, has not been turned over to collections or never have they called me for... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Sounds like they have been very passive in collecting this outstanding bill. It is typical for many service providers to decline to perform new services when they have not been paid for past services. Nobody likes to work for free. If you can pay this outstanding bill, you should. If you are... View More

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1 Answer | Asked in Products Liability and Health Care Law for Texas on
Q: I got a personal hyperbaric oxygen chamber for myself. I am also a personal trainer and want to rent it out to others.

Hbot does not claim any specific benefits and is done at anti aging clinics and gyms and other places. Can I rent the chamber by the hour without being sued? I have an llc...which is worth nothing (my business is small) so if they sued the company they wouldn't get anything. Also does home... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A Texas attorney could advise best, but your question remains open for three weeks. I would advise against offering services to the public without first looking whether there are licenses or credentials needed for such activity. I don't think that a homeowner's policy would cover such... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: went on disability for an injury, and now have to wear a brace and employer will not let me return to work with brace

employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More

1 Answer | Asked in Health Care Law and Social Security for Texas on
Q: Why are my son's doctors withholding his medical records? I need them to obtain his Social Security Number

Why won't my son's doctors provide his records? The SSA keeps directing me to request them, but the doctors are refusing

James L. Arrasmith
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answered on Sep 12, 2024

It’s frustrating to feel stuck between different offices when all you want is to take care of your son’s needs. Doctors typically cannot refuse to provide medical records without a valid reason. They are required by law to give access unless there are specific legal, privacy, or safety... View More

2 Answers | Asked in Personal Injury and Health Care Law for Texas on
Q: What proof does one bring if the statue of limitations is past in TX for medical negligence
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was... View More

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1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Can you sue if you get laid off without a warning or probation
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

In the absence of an agreement to the contrary, being laid off without warning or probation does not give rise to a civil lawsuit. In most instances, you should be entitled to unemployment compensation.

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If i am disabled and mentally incompetent at time of conviction can Anything be done .

I was forced to sign up. Please bargain and charged, but i'm not guilty And I'm mentally disabled. My family and I told them that I needed special disability court, but they did not comply at all

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You can timely appeal on the basis that your plea was not entered into knowingly and voluntarily. You will need to establish through expert medical testimony. Mentally incompetent means lacking the ability at the time of your plea, based on reasonable medical judgment, to understand and... View More

2 Answers | Asked in Family Law and Health Care Law for Texas on
Q: Can my friend’s sister give me power of attorney of her brother who cannot speak for himself?

He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

No, only the brother can give you a power of attorney to act on his behalf and he can only do that if he is mentally competent. "Some" brain damage does not necessarily mean that he is incompetent, but it does raise a warning flag to make sure he is mentally competent before acting on... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Health Care Law for Texas on
Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail

They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease

Justin Barrett Wilson
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Justin Barrett Wilson
answered on Jul 5, 2024

Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.

First of all, your case points...
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for Texas on
Q: Could we be charged with abandonment for leaving my wife’s sister at a rehab center?

She’s lived with us for years and we’ve paid for all of her expenses. But now she’s disabled and we can’t take care of her. She has no Medicare coverage because she never worked consistently enough.

James L. Arrasmith
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answered on Jun 2, 2024

Leaving your wife’s sister at a rehab center, especially if you’ve been her primary caregivers, can be a complex situation legally and ethically. The key is to ensure that she is not left without necessary care and support. It’s important to communicate clearly with the rehab center about her... View More

1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Does mileage have to be exact when considering non-competes?

Hi there, I am a dentist that works for a large DSO. The non-compete I signed stipulates I cannot work within a 6 mile radius for a period of up to two years. My new practice is 5.6 miles away. How likely would they come after me for that and how likely would a court side with them? Given the new... View More

John Michael Frick
John Michael Frick
answered on May 29, 2024

Whether the non-compete is enforceable and whether the stipulated 6-mile radius is a reasonable geographic restriction depends on the facts and circumstances of your particular case. Our firm and I have handled lots of non-compete cases for both employers and employees. When the new FTC rule goes... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: malpractice from the PCP my husband goes to

My husband was diagnosed with having a lung disease called Interstitial lung disease. Which has a mortality rate of 3-5 years. His PCP diagnosed him on August 12, 2022. He just found out in April 24, 2024. So it's been 2 years since the diagnosis. Because my husband can die within the next 3... View More

John Michael Frick
John Michael Frick
answered on May 29, 2024

First of all, this sounds like a health care liability / medical malpractice question, and not a legal malpractice question.

Second, just because your husband has received a diagnosis of an incurable terminal disease does not necessarily mean that your husband's primary care physician...
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