Theoretically, you can file a health care liability claim, but you will need a medical expert to write a report stating how the removal of the needle was done improperly (i.e. in a manner that varied from the "standard of care" of similar health care professionals). In my experience,... View More

The statute of limitations for a health care liability claim is two years. You, or your parents if you are still a minor, can file a lawsuit against the dentist as long as not more than two years have passed from the date of the dentist's negligent act or omission. It sounds like you became... View More

Yes, MMI can be, and often is, prior to the date of a doctor's visit. The doctor usually determines MMI from a review of your medical records. Obviously, the statutory date of MMI is the last possible date. For example, a doctor in July 2024 could determine from both a review of your... View More

It is conceivable that you may have a valid health care liability claim. The advisability of pursuing such a claim depends heavily on the amount of your actual damages. You should anticipate that it will be necessary to hire a medical expert at the beginning of your case to prepare and submit a... View More

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

It is probably not a tort. The American Dental Association recommends that dentists not prescribe narcotics for pain relief following a tooth extraction.

There are various studies showing that over-the-counter pain relievers like acetaminophen (Tylenol) and ibuprofen (Advil, Motrin)... View More

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.... View More

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.... View More

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

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... View More

You do not have standing to pursue such a claim unless you are appointed as the personal representative of your deceased brother's estate and your brother was single and childless and your parents did not outlive your brother.

Assuming you get appointed as the PR, you will need to take... View More

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

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

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... View More

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... View More

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

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... View More

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

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

this can be a complication or negligence. Suggest that you obtain medical records asap -- (fastest means for doing so is on the facility's/clinic's website), and seek an attorney who is experienced in medical malpractice asap. You did not state how long ago this occurred, but there is... View More