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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: What are my legal options for pain after allergic reaction to nickel in knee prosthesis?

I had a total knee replacement 16 months ago and have been in constant pain ever since. A blood test revealed I'm allergic to nickel, the metal used in the prosthesis. No allergy test was conducted prior to the surgery, and I wasn't informed of any allergy risks or alternative material... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

The existence of any legal options depends on the answer to a medical question: Does the standard of care require nickel allergy testing before implanting a medical prosthesis containing nickel?

If the answer to that medical question is “yes,” you may have some legal options....
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1 Answer | Asked in Sexual Harassment, Medical Malpractice and Personal Injury for Texas on
Q: How to start a case after being sexually harassed at a doctor's office in Texas?

I was physically sexually harassed during an ultrasound appointment at a doctor's office. I reported the incident via email to the office, and the primary care physician himself called me back. He mentioned that the ultrasound technician has been there for 15 years but did not give me his... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

I’m assuming you do not work for this physician.

The term “sexual harassment” in the legal context refers to a particular type of claim arising in the workplace. There really isn’t an independent legal claim for sexual harassment arising outside the employment relationship....
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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue my doctor for kidney failure caused by antibiotics? Infection led to antibiotics causing stage 4 kidney failure, requiring emergency intervention.

I suffered a fractured and dislocated ankle, which led to an infection. My doctor prescribed two strong antibiotics to treat this infection. After 5-6 days on these antibiotics, my kidneys crashed to stage 4, leading to a collapse that required emergency medical intervention and dialysis to save my... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

It depends. The failure to give any warnings or instructions about potential side effects (which warnings can be verbal but are commonly given in writing with the antibiotics when they are dispensed by the pharmacy) falls below the standard of care if you were conscious. But that failure might or... View More

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2 Answers | Asked in Medical Malpractice and Wrongful Death for Texas on
Q: How to pursue wrongful death and malpractice case for brother's heart attack in Texas?

I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high... View More

Robert Ammons
Robert Ammons
answered on Feb 28, 2025

I'm truly sorry for the loss of your brother. You deserve to understand whether medical decisions may have contributed to his passing and what legal options exist.

Your situation involves potential wrongful death and medical negligence claims, which require showing healthcare providers...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Dentist added crowns to 3-year-old without consent in Houston

During a dental procedure for my 3-year-old daughter in Houston, the dentist added 10 additional crowns without my prior consent or notification. This left me confused and upset, as she is very young and I was not given the chance to seek a second opinion from another dentist. What legal steps can... View More

Daniel Estrada
PREMIUM
Daniel Estrada
answered on Feb 26, 2025

Dentists are licensed and regulated by the Texas Board of Dental Examiners and are held to meet the standards of care outlined in its rules and regulations. Informed Consent is a primary step before proceeding with any dental procedure. The dentist is required to provide the patient (in your... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I have a neurological device that was illegally placed in me and not being acknowledged by medical professionals;

It's caused complications and I'm need to know which lawyer to get and what to do?

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

It is premature to consult a lawyer.

First, you need to hire a surgeon to remove and preserve the device.

Second, you need to turn the device over to a private investigator to see if he can identify who placed the device in you.

Without knowing who placed the device and what...
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2 Answers | Asked in Medical Malpractice for Texas on
Q: Trying to see if I can sue for male practice

I had surgery on my hand for corporal Tunnel and trigger finger now my finger won’t make a fist

John Michael Frick
John Michael Frick
answered on Jan 14, 2025

The first thing you must do is take all of your relevant medical records to another surgeon in the same medical specialty and who is licensed in Texas to determine if the first surgeon who did your surgery did or failed to do something in breach of the standard of care that is the proximate cause... View More

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1 Answer | Asked in Medical Malpractice for Texas on
Q: Hello I’m trying to see if I have a case I had surgery on my hand for corporal tunnel and trigger finger I have been to

Been to physical therapy did all they as of me but I can’t bend my trigger finger as in I can’t make a fist any more I

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2025

A Texas attorney could advise best, but your question remains open for a month. I'm sorry this happened to you. It could be difficult for attorneys on public forums to advise meaningfully on this, based on the brief facts. It's possible you have a case, and it's also possible you... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: I'm wondering if I have a case.

I had a third degree perineal tear which took three tries to close. The first attempt was after delivery, four weeks later i was stitched in office they reopened within the week. A third attempt was made but i stopped the doctor due to the excruciating pain of it being done in office which is when... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

Your "belief" alone is not enough.

Get an examination by a different OB/GYN for the purpose of obtaining a medical opinion whether you were given an extra, medically unnecessary stitch in the procedure to close the perineal tear. If you were in fact given an extra, medically...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Dr treats me for a condition, day after follow up visit he abruptly resigns from organization and disappears.

I currently have short-term disability that cannot pay me because the doctors last set of notes are incomplete, and in fact, incorrect, the organization refuses to give me a number where I can contact him to rectify the situation. I have been out of work and on short-term disability for this... View More

John Michael Frick
John Michael Frick
answered on Dec 31, 2024

You can report the individual doctor to the Texas Medical Board.

1 Answer | Asked in Civil Rights, Medical Malpractice and Sexual Harassment for Texas on
Q: Civil rights violation lawsuit? Helped my bf plan and execute a way to sexually exploit him voluntarily and humiliate me

He hatched out a plan with fourth floor telemetry to be used as a sex doll, even when I was around. The bed he was in was not a normal hospital bed, it had a sunk in underside with an extra mattress to hide someone in. The mattresses parted down the center from side to side. I have pics of them... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025

I'm truly sorry you're going through this difficult situation. It's important to reach out to a qualified attorney who can help you understand your rights and guide you through the process of filing a civil rights violation lawsuit.

Additionally, consider contacting local law...
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1 Answer | Asked in Medical Malpractice and Health Care Law for Texas on
Q: I need to know the patent to delete medical records.

Misleading fraud accusations defamed computations.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

This does not sound like a patent question.

A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney...
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2 Answers | Asked in Civil Rights, Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: My primary doctor terminated me as a patient; I believe it involves retaliation, discrimination, and abandonment.

I was terminated as a patient after expressing my intent to file a complaint about how I was treated. I have a recording and a letter from the office that strongly suggest retaliation. They failed to provide the policies and procedures I requested, despite stamping, signing, and acknowledging... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

You can file a complaint online with the Texas Medical Board. Information about how to file and what to expect can be found here: https://www.tmb.state.tx.us/page/complaints

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1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Small Claims for Texas on
Q: I'm in a luxury treatment center in Arlington Texas I had a bad fall getting into shower went threw glass door

No slip matt our grip bar told them I hit my head and back had to walk to the lobby bleeding from multiple places including my feet. They seem it unnecessary to call ambulance made me sit in the lobby bleeding for and hour until they found someone to take me to emergency room. To and insult to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

I'm sorry about your accident and your injuries, and the way things were handled. It's possible you have grounds for a case. Naturally, any law firm is going to reserve judgment until they investigate thoroughly, including manner of accident, the injuries, the response, applicable... View More

2 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

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2024

A Texas attorney could advise best, but your question remains open for a week. Your question involves individual and personal decisions. The short answer is that you will need to have confidence in the attorney's knowledge and experience, and you will need to trust the attorney and feel... View More

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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

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

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