Ask a Question

Get free answers to your Medical Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Elder Law and Medical Malpractice for Texas on
Q: My 91yr old mother in law who is wheelchair bound and in the last stages of Alzheimers disease.

She was discharged to my husband, 61 and had a heart attack and is unemployed and me 63 on medical disability. Needs total assistance with all ADL's. No discharge summary no Plan of care. We were financial unable to cover the cost of the nursing home. She has outlived her money to pay. Between... View More

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jul 3, 2019

It appears that the nursing home would have done better to advise you to apply for Medicaid. Although Texas is one of 13 states with an income cap ($2,313 in 2019), under federal law an applicant can still qualify by establishing a Qualified Income Trust a/k/a a Miller Trust. This is basically a... View More

2 Answers | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I would like to know if I have a possible medical malpractice case.

Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jul 1, 2019

If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.

View More Answers

1 Answer | Asked in Medical Malpractice for Texas on
Q: is the doctor considered negligent for not referring to ENT sooner?

my son had ear tubes put in 2011 but continued to have recurrent ear infections with ruptured eardrum again since 2013. He was treated over and over with antibiotics and has recently been diagnosed with mastoiditis, cholesteatoma, and a fungal infection that no medication is resolving for the past... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2019

The best way to evaluate the matter could be to set up a consultation with a Texas med mal attorney. It could come down to a matter of being able to demonstrate with medical evidence the extent of damages incurred as a failure to make such referral(s), if that was the case. Good luck

Tim Akpinar

3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: If I had a injury years ago and got in a accident could I be reinjured?
Daniel John Christensen
Daniel John Christensen
answered on Mar 21, 2019

I am sorry to hear about your injury. If you suffered an injury in an incident recently, and that injury was really an aggravation of a prior injury, you are still entitled to bring a claim for that aggravation. I would have to know more facts to give you advice specific to your situation. Please... View More

View More Answers

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a medical provider who writes a letter for an "Emotional Support Animal" (ESA) be held liable for later injuries?

Letter provided for housing purposes in the state of Texas. Letter is simply stating this person has a disability and would benefit from an ESA. Later the animal causes injury (either personal or property). Secondarily, does length of provider patient relationship play a role in your answer?

Peter N. Munsing
Peter N. Munsing
answered on Mar 21, 2019

No.

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Would I still have a case?how much time do I have before I can no longer try for a case?

My injury happened at a hospital. I was left unattended and blacked out and hit my head.i never received medical attention due to the fact I have no insurance and no money.this happened almost a year ago.how would I proceed in making a claim ?

Daniel John Christensen
Daniel John Christensen
answered on Feb 4, 2019

I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated.... View More

View More Answers

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

Got here when I was 4 & my folks got my Perm Residency (Green card?) many years ago. I would’ve already become a citizen like my mom & sis but I became disabled (another issue I need help w/since it seems that at least 1of my early docs messed up & is in jail 4 killing & harming... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing... View More

View More Answers

1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

We have several issue with workman comp/disability. If we could speak with someone about it because it's too long to explain the case,. We have all the paperwork from his case. After 3 years fighting we won his case. We had a lawyer that only took his money did nothing for us we fired him an... View More

Daniel John Christensen
Daniel John Christensen
answered on Nov 21, 2018

Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her
Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.

1 Answer | Asked in Medical Malpractice for Texas on
Q: Medical Malpractice, plastic surgery question

In nutshell... I had hair transplant 10/16. The doctor prescribed valium for me to take the morning of the procedure. When I arrived, he instructed me to take double the prescribed dose. I don't remember the last time I took valium and had no idea how it would effect me. The high dose made... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

Contact a member of the Texas Trial Lawyers Assn who handles medical negilgence--they give free consults. If they choose not to take it talk to another--it's a question of investing their time/money vs risk and like banks who'll give a mortgage to a person who was denied by another... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I file a negligence case on a doctor for failing to diagnose me having stage 3 chronic kidney disease failure?

Was diagnosed with a new doctor

Bradford Kvinta
Bradford Kvinta
answered on Jul 20, 2018

Talk to an attorney as soon as possible. Failure to diagnose cases in medical malpractice are difficult, but your attorney can evaluate your claim and help determine a plan of action.

View More Answers

1 Answer | Asked in Medical Malpractice and Workers' Compensation for Texas on
Q: I had shoulder surgery as a result of a work related injury. I now have nerve damage that extends down my arm to my hand

The nerve damage has caused difficulty in full use of my hand. I had an EMG test and they found nerve problems did exist. The surgery or the nerve block used have caused secondary problems. Is this something I should or could consider filing a malpractice suit on?

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

You would have to get a second opinion from a neurologist implicating that the previous surgeon was at fault

1 Answer | Asked in Employment Law, Workers' Compensation, Medical Malpractice and Small Claims for Texas on
Q: Can I do something about all this things that are going on with this doctor? not all details were included.

My employer is a specialist that performs oral surgeries. Her assistants are phlebotomist and not surgical assistants nor dental assistants, but they are next to her doing surgery with very minimal to no training. She has them taking x-rays without a license. She also leaves out of town and the... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Mar 29, 2018

These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

1 Answer | Asked in Nursing Home Abuse and Medical Malpractice for Texas on
Q: Do I have a case of neglect?

My husband is in a nursing home and he developed a sore. I went to the nursing home on a Monday and they told me he had a wound the size of a pea, when I went back the following Monday it was infected and there was bone exposure. He has been from facility to facility having surgeries after... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 19, 2018

This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I have a work related injury, but, I didn't file workers compensation as per my boss's request. I'm now having complica

I'm not able to return back to work by the time my boss has given me. Now I'm going to out of a job, no money coming in. Can I now go back and file like I should have done. What are my options?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 27, 2017

The general rule is that you will have 30 days to report a work-related injury to your employer for a specific injury. You must then file a claim within 1 year from your date of injury. The problem in these cases is the proof. If you can't verify that you reported the claim within 30 days,... View More

0 Answers | Asked in Medical Malpractice for Texas on
Q: If my 16 ur old daughter was told she couldn't get pregnant after 7 days on nuva ring and given prescription with no pre

Noooo preg tst done , wrong information given about new birth control is this mal practice

1 Answer | Asked in Medical Malpractice for Texas on
Q: If a doctor had made a medical error from leaving a wire from a bone stimulator does that require medical error?

I had surgery it was a 360 fusion surgery in 1992 & 1993. The doctor was supposed to remove everything from my body cavity and didn't and I didn't find out until later in the years like right before my surgery June the 7th it was a bone stimulator wire in my back from a previous... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Contact a member of the Texas Trial Lawyers Assn who handles medical carelessness cases. The problem is the legislature in Texas protects bad doctors so you may in fact not have a case because of a statute of limitations written not to protect you, the innocent consumer, but to protect the doctors... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: if there is more than gauze in side my stomach from a surgery. is that malpratice

i had surgery in 3.15...i wasnt expected to live. 9 months later they were digging up gauze out of my stomach. they said it was buck shot wad. i agreed. but went in again they dug more they insisted it was. there is no wad.in a 410 shell. i got hit once not multiple times... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Not necessarily malpractice if you had multiple gunshot wounds. Go back to a doctor, have them figure out if you have metal in your body

1 Answer | Asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas on
Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?

The letter has handwritten info clearly legible on the paper beside my address (inside the envelope, viewable through the little cellophane window). The note clearly says that it's a referral to a mental health professional. Anyone who saw that letter could possibly now know my medical... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Is a doctor morally and ethically responsible for removing a device that was surgically implanted in a patients back?

Spinal Cord Stimulator implanted January 2017. The doctor refuses to remove device, because it could cause paralysis and further injury. The doctor has dismissed my wife as a patient. All doctor's contacted have refused to remove the device. She is in severe and excruciating pain from the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

morally and ethically only if they are free of reservations--you can't force a doctors opinions and I'm hearing this one believes that removal could cause paralysis. Suggest you look to the Johnson Foundation on the medical /ethical issues.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.