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Texas Health Care Law Questions & Answers
1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Q: I was put in a choke hold by a nurse in the ER while trying to step outside, which aggravated existing neck problem.

I'm in Texas, I was at hospital voluntarily, stepped out to smoke a cig earlier, and was going to come right back like the first time, but a nurse came up from behind me and put me in a choke hold.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2023

A Texas attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys in Texas to try to set up a free initial consult. Such free consults are the norm with injury cases nationwide. Any attorney reviewing the incident would want more detail - if a... View More

1 Answer | Asked in Health Care Law for Texas on
Q: Texas SB680 and Insurance Code 1369 understanding

Why is Texas SB 680 listed as a bill and insurance code chapter 1369 is not listed as a bill? They are both talking about prescription coverage and health insurance. Does one trump the other? I’m a nurse and use SB680 all the time when an insurance company denies a patients medication, so I... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

Before a law is passed, it is a bill. A bill can be introduced either in the House or the Senate. A bill does not have the force of law until it is passed.

In the last session of the Texas legislature two years ago, SB 680 was introduced to amend certain parts of chapter 1369 of the Texas...
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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... View 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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1 Answer | Asked in Health Care Law for Texas on
Q: I received a medical bill 3 years and 4 months after services were received. Am I responsible for this bill?
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Maybe, but maybe not. The Texas Civil Practice and Remedies Code provides as follows:

Sec. 146.002. TIMELY BILLING REQUIRED. (a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the...
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1 Answer | Asked in Health Care Law for Texas on
Q: I was misdiagnosed and my hospital paperwork was given to another patient as I received theirs
John Michael Frick
John Michael Frick
answered on Dec 7, 2022

It’s great you discovered the mix-up before any harm was done. Return the other patient’s paperwork to the hospital and let them know so they can get the right information into your medical records.

1 Answer | Asked in Health Care Law and Family Law for Texas on
Q: I have a question about Medical Power of Attorney abuse in Texas

My husband's mother is 85 years old with dementia, she fell and had to have surgery she is in Neuro ICU right now. My husband's sister has the Medical POA and she refuses to give us the code to call the nurses station to get updates on his mother!! The medical staff will not speak with... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

It sounds like there is no abuse and the medical POA is working exactly the way it is intended to.

Your mother-in-law chose your husband’s sister to be the person to receive her medical information and to make health care decisions on her behalf. You have no business calling the nurses...
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1 Answer | Asked in Elder Law, Family Law and Health Care Law for Texas on
Q: What type of attorney would you need for hippa violation, elderly, disabled abuse, illegal search in hospital setting

Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

There is no single answer to your question.

HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.

Elderly disabled abuse is...
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1 Answer | Asked in Health Care Law, Civil Litigation and Criminal Law for Texas on
Q: I wanted to ask if I have standing to bring a lawsuit against a hospital that had me arrested for assault

While a patient in the emergency room at a hospital in Amarillo, TX I had a grand-mal seizure. While having the seizure a security guard for the hospital was trying to hold me down to a bed and I have been told that I had bit him and ran from the hospital. Well 4 months later I got stopped on the... View More

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

If you successfully defend the third degree felony assault case, you might be able to sue the complainant—whether that’s the security guard or the hospital—for malicious prosecution.

This is a very difficult type of lawsuit to prove, so be prepared to pay a hefty fee to any attorney...
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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 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 Gov & Administrative Law, Health Care Law, Public Benefits and Social Security for Texas on
Q: If i was born with a birth defect that effects my respiratory and blood pressure, why wouldnt the ssa do pulmonary tests

I was born with lung agenesis aka only one lung. My lung pushed my heart more to the left side possibly causing me very high blood pressure. I have severe breathing complications and struggle with mental health. Since the covid pandemic I've caught the virus twice now and my breathing is... View More

James L. Arrasmith
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answered on May 2, 2023

It is understandable that you are concerned about why the SSA has not done pulmonary function tests for your respiratory condition. However, without specific knowledge of your medical history, it is difficult to provide a definitive answer.

It is important to note that the SSA considers a...
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1 Answer | Asked in Civil Litigation, Health Care Law and Public Benefits for Texas on
Q: Is it appropriate if a big public hospital only let people pay parking fee using an app? Is it a discrimination?

Only accept payment using app

No credit card payment or human service at the gate

Only very simple instruction of payment at the gate and not very eye-catching

No payment instruction anywhere in the hospital, like inside elevator or entrance of building.

No payment... View More

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Many parking lots are quickly becoming pay by app. It’s easy. It’s convenient. It’s efficient.

I don’t see how it discriminates.

1 Answer | Asked in Health Care Law and Personal Injury for Texas on
Q: How long do sun behavioral hospital in houston keep the video footage of patient.

It’s been 1 and a half year since my brother was discharged and we are looking at a lawsuit. Ty.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If you filed a lawsuit, I would use the discovery process to find out.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... View More

S. Michael Graham
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S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Texas on
Q: I have a medical bill that is over 12 years old that is from when my parents passed. Never agreed to make payments.
John Michael Frick
John Michael Frick
answered on Sep 6, 2022

In the absence of an agreement, a child is not personally responsible for a parent's debt. In the absence of the acknowledgment of the validity of a debt, the statute of limitations to collect a debt in Texas is four years.

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... View More

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Health Care Law for Texas on
Q: husband rescheduled mediation for 6/22. I can't wait that long due to health issues/ins. How do I ask courts sooner date

Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 1, 2022

You need to have your family let you borrow money so you can retain a lawyer,

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... View More

Elizabeth Fowler Lunn
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answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Health Care Law and Landlord - Tenant for Texas on
Q: Can you record a person without them knowing?

If I'm on the phone and use another device like ipad to record conversations, do i have to let the other person know I'm recording them and can I have a recording app on my phone to record my conversations?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 3, 2022

In Texas only one person has to know that you are recording

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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... View More

Penny Wymyczak-White
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 ,

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