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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Hello i have a question to see if i may have a case i have a dr that put a device n my leg he told me that it would not

harm my leg ok it is causeing me to have an infection not once but twice he knows this he wont remove it he has blocked my phone calls and not responding to me

John Michael Frick
John Michael Frick
answered on May 8, 2023

A medical malpractice claim requires that a doctor’s act or omissions fall below the standard of care of doctors in the same area of practice in the same or similar circumstances. The mere presence of an infection does not necessarily mean the doctor’s actions fell below the standard of care.... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Is it illigal for a hospital to deny medical care to someone requesting it?

My boyfriend's sister was just found dead in a hospital stairwell. Police report states that she attempted to be admitted into the hospital but she was unable to give hospital staff her name or information and so they denied her care, she died within hours of being denied care.

John Michael Frick
John Michael Frick
answered on May 8, 2023

A patient is typically required to provide insurance and payment information before seeing a doctor. But, under a federal law known as the Emergency Medical Treatment and Labor Act (EMTALA), an emergency department must treat or stabilize anyone who has an emergency regardless of their insurance... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... Read more »

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

The best way is to offer to pay an hourly fee plus all case expenses.

Clients with medical malpractice cases often expect an attorney to take their case on a contingency fee and to front all case expenses which can be substantial.

It rarely makes sense to do so unless the realistic...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

The only way to do this is to contact medical malpractice attorneys in your state. Medical malpractice cases have many requirements and are expensive to pursue. Therefore, many attorneys require significant damages before they can take on a medical malpractice case. This can be made even worse... Read more »

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: The hospital gave me a medication 900 mg higher than my usual dosage which caused me to be admitted to a rehab facility.

I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 15, 2023

You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did....
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue my doctor for negligence after a cortozine shot that left me paralysis for few mins

I went for injection for my neck pain .after the injection my body was numb I couldn't feel my arms or finger for like 5 mins .so I didn't have a driver to take me home so I drove and park some were cause I was scared .so I manage to call my wife and told her about the situation. So she... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2023

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did....
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue my doctor for negligence after a cortozine shot that left me paralysis for few mins

I went for injection for my neck pain .after the injection my body was numb I couldn't feel my arms or finger for like 5 mins .so I didn't have a driver to take me home so I drove and park some were cause I was scared .so I manage to call my wife and told her about the situation. So she... Read more »

John Michael Frick
John Michael Frick
answered on Mar 13, 2023

You can sue your doctor for medical malpractice if his actions fell below the standard of care for a practitioner in his field of medicine.

You will need to present expert testimony from another practitioner in the same field as to what the standard of care is, how your doctor’s actions...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can a dentist, (reported and suspended twice, and another report) keep practicing?

#19 was crowned, pain ignored. Year later, new dentist was appalled at the pain & crown on wrong. Dental college was shocked, & agreed w/mercury poisoning (killed my Service Dog), I wasn't expected to live. 5 Amalgams out to quick, as my chart was not read, and NO protocol followed for... Read more »

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

If a professional is suspended by their licensing board but practices their profession anyway during the period of their suspension, they could face civil fines, the revocation of their license to practice, and in some cases, criminal penalties for practicing without a license.

If your...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Perscribed celexa, denied increase or switching, continued prescription 2yrs w/o check up. Recent breakdown, job loss

diagnosed with depression. I didn't feel heard, or respected. Was told life is just hard and to get over it. I stopped seeing her, she continued to prescribe the medication. New doctor has diagnosed me bipolar with OCD, close to a diagnosis with borderline personality disorder. The previous... Read more »

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

Celexa is one of those prescription drugs which require close medical oversight during the process of discontinuing its use. If you were taking it when you stopped seeing your old doctor, he/she should have continued to prescribe it, and your new doctor should have overseen the process of... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Is it unprofessional to say “ now for the fun part” before a prostate exam?

I got told this in front of my girlfriend before a doctor proceeded to check my prostate. I found this very upsetting and unpleasant.

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

IMO it is unprofessional, albeit not illegal. We men have to endure dozens of prostate exams in our lifetimes as part of our annual

physical exams. And we don’t find them fun. The doctor’s misguided attempt at levity could easily be misconstrued by a patient and probably ought to be...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Doctor paralyzed me 3 shots of epidural neck down for 13 hours permanent back pain daughter now has autism

The last shot they gave me paralyzed me for 13 hours during and after birth from the neck down

John Michael Frick
John Michael Frick
answered on Nov 3, 2022

The consensus of medical research is that giving epidurals to a woman giving birth does not cause autism in the child. Therefore, the standard of medical care allows giving such epidurals.

Suing a doctor for medical malpractice requires evidence that the doctor deviated from the standard...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: I fell at work fractured the T-12 vertabrae and have damaged to others. Fractured my left wrist, it has other issues,

that have never been completely addressed by the doctor. I was finally refered to neurology a month ago, because after several trigger point injections, a spinal, steroid shots, 5 different muscle relaxers, 2 different pain pills, 3 rounds of therapy that did nothing for me they couldnt do nothing... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Medical malpractice requires proof that your doctor's conduct fell below the "standard of care" for your injury. In order to pursue a legal claim for medical malpractice, you will need an expert report from a doctor explaining in detail how your doctor's treatment of your... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: I was in to the hospital for kidney stones and a severe UTI. I ended up septic

They gave me the wrong antibiotics twice

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for attorneys to offer guidance here. There wasn't a question, but it looks like you're wondering about your legal rights. That would call for a medical opinion. You could reach out to... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I need to know if I can file a lawsuit

I need to know if I can file a lawsuit against the hospital who turned my 17 year old daughter away while she was in a cardiac arrest for she arrived at a later hospital and she died a minute after she arrived parents were never notified until after her death

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

I'm very sorry for the loss of your daughter. This is a heartbreaking scenario. Only a Texas attorney can advise you on civil practice rules, but you originally posted three weeks ago. Please consider consulting with a Texas attorney WITHOUT DELAY if you contemplate legal action. Depending on... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Medical Malpractice and Sexual Harassment for Texas on
Q: yes I had an endoscopy done and on my pre op exam the doctor made a comment before checking my prostate "now for the fun

I had a endoscopy done and on my pre opp exam the doctor made a comment to me "now for the fun part" as he proceeded to tell me to pull my knees to my chest and press out as he checked my prostate, He did not indicate he was going to do that other thatn tell ing "npw for the fun... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 20, 2022

Change doctors, I dont think you have a lawsuit, You have a doctor with no common sense,

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I was lied to about the burn on my back. This happened 11/20/2020. I've been trying to advice but no lawyer wants it

I received an Epidural and which I was stuck several times. The next day I felt bad pain in my back I asked many times what was back there. K was told it was a reaction from tape. While changing the bandage she didn't have enough supplies and so she stepped out. I got up and took a picture of... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

You do not have a medical malpractice lawyer because of the current law. Talking to the liaison is a good idea ,

2 Answers | Asked in Medical Malpractice for Texas on
Q: I had a deep chemical peel in March 2021 , I now have hypopigmentation and scars, do I have a case?

Dermatologist did tell me it was permanent and there was nothing he could do , also have some hyperpigmentation, its been horrible!

Daniel Estrada
PREMIUM
Daniel Estrada
answered on Mar 6, 2022

In order for a Texas Lawyer to answer the question of whether a client's case has merit and will prevail, depends on the evidence against the offending party. In a case against a healthcare provider, many times a doctor or clinic will deny responsibility and your claim requiring you to file a... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: how do you move forward with debt owed to a hospital no longer in business?

years ago i took my 1 1/2 yr old daughter to a "pop-up ER." They incorrectly inserted her catheter and caused 2 hours of pain because her bladder was blocked and unable to drain. Also, she was unable to speak to us to tell us what was hurting. An older nurse recognized the issue, adjusted... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss in greater detail with a Texas attorney, it could be worthwhile to research whether you have anything in your records going back to the time you reached your settlement agreement. If you... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: I'm coming up on the end of a law suit window. how do I extend the window for a law suit

malpractice

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

A Texas attorney could advise best, but your question remains open for two weeks. As a general rule, I do not see SOL waivers granted in lawsuits involving the two categories you mention - personal injury or medical malpractice. Nationwide, it is not common in these high-stakes cases. Only a Texas... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: How can I sue a hospital for medical negligence?
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2021

A Texas attorney could advise best, but your post remains open for three weeks. The description provided here is very brief, but your first step could be to reach out to med mal attorneys. You would need to demonstrate that the hospital breached a duty of medical care. If you contacted law firms... Read more »

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