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Texas Health Care Law Questions & Answers
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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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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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 Contracts, Personal Injury, Health Care Law and Small Claims for Texas on
Q: I have a question about challenging someone for breach of contract due to deceptive practices and false pretense

I had met with a trainer to help build muscle mass back since I had lost so muscle mass due to a past gastric sleeve and a more recent liver transplant. The contract states that he would provide nutritional and fitness advice to help me achieve my goal. He was made aware of my restrictions. The... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, what you describe sounds like it would be a difficult case. I believe it could be challenging to get a law firm to consider handling something like this on a... View More

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 Contracts and Health Care Law for Texas on
Q: 1. I needed to get full power of attorney to make financial and medical decisions for my father.
John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Your father can go to a lawyer and ask that one be prepared for his signature, assuming your father is mentally competent.

1 Answer | Asked in Health Care Law and Social Security for Texas on
Q: Why are my son's doctors withholding his medical records? I need them to obtain his Social Security Number

Why won't my son's doctors provide his records? The SSA keeps directing me to request them, but the doctors are refusing

James L. Arrasmith
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answered on Sep 12, 2024

It’s frustrating to feel stuck between different offices when all you want is to take care of your son’s needs. Doctors typically cannot refuse to provide medical records without a valid reason. They are required by law to give access unless there are specific legal, privacy, or safety... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: went on disability for an injury, and now have to wear a brace and employer will not let me return to work with brace

employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More

1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Can you sue if you get laid off without a warning or probation
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

In the absence of an agreement to the contrary, being laid off without warning or probation does not give rise to a civil lawsuit. In most instances, you should be entitled to unemployment compensation.

2 Answers | Asked in Health Care Law for Texas on
Q: Was told by the boss to do something not in the job description and it caused me to get sent to the hospital

Needed stitches across my bicep

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If you were injured on the job, you are likely entitled to workers' compensation. You should make a report of injury as soon as practicable.

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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

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 Appeals / Appellate Law and Health Care Law for Texas on
Q: Hello, I inadvertently forgot to renew my home health license for the first time in over 18 years. Can I appeal?

My Home Health License was inadvertently not renewed for the first time in about 18 years. It expired on 09/30/2023. It is now being renewed every 2 years. It used to be every 3 years, and we used to get reminders to renew. Honestly, I do not know what happened this time. I was still expecting to... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to either research the issuing agency's conditions or to contact them for information and options. Good luck

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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2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
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1 Answer | Asked in Criminal Law, Health Care Law and Municipal Law for Texas on
Q: If you are medically and pharmaceutically not in your right mind can you be charged with the crime if you didn't know it

I was prescribed meds that would be much greater than the side effects of . I was charged with the crime that I have no knowledge of even happening. Am I still able to be charged if the doctor has submitted written statements stating as much? Drugs that are much stronger than the side effects of... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

In Texas, there is an affirmative defense available for mental defects. However, a doctor's note is not enough to keep you from being prosecuted. You can still be charged with a crime, regardless of your medicine or prescription and it's side effects.

It can be a defense at trial,...
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2 Answers | Asked in Health Care Law for Texas on
Q: I have questions regarding my daughter in a behavioral health facility. What kind of lawyer do I seek counsel from?
T. Augustus Claus
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answered on Jul 5, 2023

For questions and concerns regarding your daughter's treatment in a behavioral health facility, it is advisable to seek the counsel of a healthcare law attorney or a mental health law attorney in Texas. These attorneys specialize in the legal aspects of healthcare, including issues related to... View More

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