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Texas Health Care Law Questions & Answers
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 Health Care Law for Texas on
Q: What type of attorney handles fraudulent health insurance companies or is it even worth my time?

I paid over a year for our health insurance plan through a company which then unwritten our policy through a non licensed company which was shut down by the Texas Department of Insurance. According to the consent order the company must continue paying claims until all obligations are met. If funds... View More

Tim Akpinar
Tim Akpinar
answered on May 31, 2024

A Texas attorney could advise best, but your question remains open for two weeks. You could search for attorneys who handle health insurance, healthcare, or medical billing & collection matters. You could check with state and local bar associations if they could direct you to attorneys - they... 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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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

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

I'm sorry for your family's ordeal. You could reach out to discuss with law firms in further detail, with the benefit of having medical file records. An important issue that will need close examination here is what caused the communication breakdown with the diagnosis between August 2022... View More

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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 Family Law, Child Custody and Health Care Law for Texas on
Q: Can I prevent my ex from moving my 14 year old son out of state? (Texas)

My ex revealed in a text she plans to move out of state with my son within the next year, to a state that will allow her to seek transgender treatment for him. I do not think he, at his age, should be treated for this. When he is 18, if he still wants it, OK, but he does not have the wisdom or life... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2024

What she is able to do depends on what your Order says. You can always file for a modification of the current order if the current order does not allow such protection of your son. What the court would do would be largely dependent on the County and what belief's or biases the Judge you... View More

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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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1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Can my job ask me to provide a picture of ny medication

My job said I need more proof to exude my absences because doctors notes aren't enough. They said I need to send a picture of the medication that was prescribed to me by the doctors to approve my leave of absence

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2024

An employment attorney could advise best, but your question remains open for four weeks. Until you have the chance to consult with an employment attorney, from the standpoint of occupational safety, there are jobs involving the safety of the public where there is full transparency in terms of... View More

1 Answer | Asked in Immigration Law, Health Care Law and Public Benefits for Texas on
Q: Is an F2 visa holder eligible to buy medical insurance via healthcare.gov?

I'm an international student with an F1 visa, living and studying in Texas. My spouse has an F2 visa. My medical insurance through the university does not cover my spouse. Would they be eligible to enroll in health coverage through the HealthCare.gov Marketplace?

James L. Arrasmith
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answered on Feb 24, 2024

Yes, your spouse holding an F2 visa is eligible to apply for health coverage through the HealthCare.gov Marketplace. As dependents of international students on an F1 visa, F2 visa holders are considered lawfully present in the United States, which is one of the requirements for eligibility to... View More

1 Answer | Asked in Health Care Law and Civil Rights for Texas on
Q: Was I lawfully detained under a psychiatric hold? I was recently detained for 48 hours at a local hospital.

I did write a "goodbye letter" and send it to someone via text. I did not explicitly say I was going to end my life.

I did have suicidal ideation at the time of writing and texting the letter but I did not have a plan or take any action.

The person whom received the text... View More

James L. Arrasmith
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answered on Feb 23, 2024

Based on the information provided, it appears that you were lawfully detained under a psychiatric hold, also known as a 5150 hold or involuntary commitment. This type of hold allows for individuals to be detained for up to 72 hours for evaluation and treatment if they are deemed to be a danger to... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2024

I'm sorry for your ordeal. It could be difficult for attorneys to answer your question based on the facts contained in the post. If a law firm felt that you might have a possible basis for a claim, they would retrieve your records and review with a doctor, possibly proposing diagnostic imaging... View More

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2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

James L. Arrasmith
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answered on Jan 15, 2024

In the United States, the use of academic titles, such as M.D., is generally permissible as long as it's clear and truthful about one's qualifications and does not mislead the public. Since you earned your M.D. degree, you can include it after your name on the book cover. However,... View More

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2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It depends on the university from which you earned the medical degree.

Texas Penal Code 32.52 makes it illegal to use or claim to hold a postsecondary degree that is a fraudulent or substandard degree to promote a business or obtain a benefit.

Texas Education Code 61.302 defines...
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1 Answer | Asked in Health Care Law for Texas on
Q: Denied care in an emergency room. Do I have a case?

I brought my husband to an emergency room. We were denied care. He had a possible kidney stone and was in severe pain. The receptionist said their system was down and it was would take 45 min to an hour to receive care. I called 911 to the emergency room and EMS assisted my husband in the parking... View More

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

Under EMTALA, an emergency department of a hospital is required to provide a medical screening examination and appropriate health case to stabilize a patient if the hospital accepts Medicare reimbursement. Participating hospitals and physicians who negligently or intentionally violate the statute... View More

1 Answer | Asked in Health Care Law for Texas on
Q: Could my doctor refuse to give prescriptions to a pharmacy of my choice?

My doctor gives his prescriptions to a pharmacy of his own choice. I want him to use a phamacy that I selected that charges less. Do I have that right to ask my doctor to use the pharmacy of my choice?

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, physicians generally have discretion when it comes to which pharmacy they send prescriptions to for their patients. However, there are some limitations:

- Under Texas law, patients have a right to choose their preferred pharmacy under the Pharmacy of Choice provisions. This allows...
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2 Answers | Asked in Health Care Law for Texas on
Q: What rights do I have if my doctor quit and gave me no notice whatsoever. I wasn’t able to get any of my medical records

They closed the office and The phone number is disconnected. I was just notified yesterday. I called back to get my medical records and the phone number had already been disconnected. I’ve been going there over 17 years. I am disabled and have multiple health issues. I am on multiple medications... View More

John Michael Frick
John Michael Frick
answered on Oct 27, 2023

You can choose any new provider you wish. They will request relevant medical records from your previous provider. In most instances, a new provider does not need, or want, seventeen years of your medical records.

You can also send a written request for your medical records. A healthcare...
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2 Answers | Asked in Health Care Law for Texas on
Q: What rights do I have if my doctor quit and gave me no notice whatsoever. I wasn’t able to get any of my medical records

They closed the office and The phone number is disconnected. I was just notified yesterday. I called back to get my medical records and the phone number had already been disconnected. I’ve been going there over 17 years. I am disabled and have multiple health issues. I am on multiple medications... View More

Tim Akpinar
Tim Akpinar
answered on Oct 22, 2023

A Texas attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. If you've been working with the same pharmacy, they might have your prescriptions on record. You could look into finding a new physician for a renewal. Also, you might be able to... View More

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1 Answer | Asked in Health Care Law for Texas on
Q: If information was apart of the texas health and human services data breach through maximus can I sue .

The other day I got a letter in the mail from Maximus it says my social security number my birthday all this stuff has been stolen. They are a contractor for Texas Health and Human Services it says data was took from MoveIt software. They only compensation they offer 2 years of credit monitoring... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

If you have suffered compensable legal damages from someone using the information obtained in the data breach, you very likely have a valid legal claim for more than just two years of credit monitoring.

I recommend you collect as many documents as you can showing your compensable legal...
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