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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I file suit for injuries in 2011 if still suffering injuries due to the first injury?

I've had multiple surgeries and hospitalizations since the first injury in 2011. I'm in the hospital now. I've nearly lost my life twice due to an OBGYN's negligence after he delivered my daughter in 2011. My colon was ruptured and removed, I suffered a stroke. On Oct. 1 of this... View More

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More

1 Answer | Asked in Medical Malpractice and Sexual Harassment for Texas on
Q: I was sexual assaulted and harassed by an other patient at a detox facility. Is this medical malpractice?
John Michael Frick
John Michael Frick
answered on Nov 7, 2024

Probably not since it was a patient. Your civil claim against your attacker would most likely be characterized as sexual battery.

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

0 Answers | Asked in Medical Malpractice for Texas on
Q: A surgeon nicked my wife's bowel while performing a hystorectomy. It was discovered until 2 weeks later.

My wife had the hysterectomy on 7 Oct, the surgeon nicked her lower bowel. She came home got really ill, had to be take to emg rm, sat in hosp for 14 days without food while they were trying to figure out the problem. Finally on 21 Oct they decided to see if they could find the blockage and it... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Texas on
Q: If my lawyer didn't file motion own time an got dismissed,an refiled it under new cause number is he causing malpractice
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Maybe but not necessarily.

If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: I was given the wrong medication for heart failure kidney's disease
Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

A Texas attorney could advise best, but your question remains open for almost three weeks. From the brief details, it isn't clear what the damages/injuries resulting from the wrong medication were - I hope you are okay, and that they were not severe. You could reach out to med mal law firms in... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I was told that I would die if I left the doctors care at a rather huge hospital. They stole my phone & gave me drugs.

Bad drugs and they failed to investigate with my Pharmacy & the Mayo Clinic Drug side effects. I insited on leaving. I found out the Side effects were vey dangerous, which is why I ended up ther in the first place. I still do not have a phone, and this keeps me from doctors and working. This... View More

Gail N. Friend
Gail N. Friend
answered on Sep 22, 2024

With few exceptions (such as that you are a threat to yourself of others - as determined by physicianS - You have a legal right to privacy, property and to communicate with persons who are not within the scope of a health care facility's authority. THEREFORE, I suggest that you confer... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

You need to ask a medical doctor practicing in the area of emergency medicine whether disconnecting the bipap machine when transferring a patient into the ICU is a breach of the standard of care for a patient with your husband's symptoms. You will probably want that doctor to thoroughly... View More

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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

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

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: IUD places through my uterus

The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2024

Misplacement of an IUD can be malpractice. If the procedure was done below the standard of care, the health care worker could be liable for malpractice. Another requirement is to prove the harm cased by the malpractice. Due to the nature of medical malpractice cases, the nature and extent of the... View More

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1 Answer | Asked in Medical Malpractice for Texas on
Q: I was forced to strip completely naked in front of my doctor's 12-year-old daughter when I was 14-years-old. Can I sue?

Four years ago, when I was 14, I had a skin infection/rash on my thigh and chest and my mother took me to the doctor to be examined. My doctor asked if her 12-year-old daughter could stay in the room while I am being examined and my mother agreed to let her stay and watch. I had to strip completely... View More

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

It seems unlikely and will depend, in part, on what compensable damages, if any, you sustained that can be causally connected to this incident.

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: How can I obtain information about Texas malpractice cases regarding failure to diagnose a birth defect prenatally?
Voss Skoullos
Voss Skoullos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

Many major courthouses have a law library. Law libraries often have free access to online legal research services. You should be able to pull all the information you're looking for this way.

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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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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.

1 Answer | 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

Tim Akpinar
Tim Akpinar
answered on May 24, 2024

A Texas attorney could advise best, but your question remains open for a week. Sometimes hospital social service staff could help with insurance reimbursement issues. Good luck

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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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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