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Texas Health Care Law Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Small Claims for Texas on
Q: I'm in a luxury treatment center in Arlington Texas I had a bad fall getting into shower went threw glass door

No slip matt our grip bar told them I hit my head and back had to walk to the lobby bleeding from multiple places including my feet. They seem it unnecessary to call ambulance made me sit in the lobby bleeding for and hour until they found someone to take me to emergency room. To and insult to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

I'm sorry about your accident and your injuries, and the way things were handled. It's possible you have grounds for a case. Naturally, any law firm is going to reserve judgment until they investigate thoroughly, including manner of accident, the injuries, the response, applicable... View More

2 Answers | Asked in Civil Rights, Health Care Law and Medical Malpractice for Texas on
Q: How do I know I'm choosing the right medical malpractice lawyer?

I was taken to the ER and treated terribly. Found out over a month later from my surgeon that I should have at the very least been offered surgery the day of the accident. They sent me home in a cheap sling and said go see an orthopedic. To top it off they were rude and I couldn't even call... View More

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2024

A Texas attorney could advise best, but your question remains open for a week. Your question involves individual and personal decisions. The short answer is that you will need to have confidence in the attorney's knowledge and experience, and you will need to trust the attorney and feel... View More

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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.
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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1 Answer | Asked in Health Care Law and Small Claims for Texas on
Q: Can I get my money back from a false-advertising therapist who started charging me but then realized he couldn't see me?

I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.

If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises...
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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... View More

1 Answer | Asked in Civil Rights, Public Benefits, Social Security and Health Care Law for Texas on
Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?

I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... View More

James L. Arrasmith
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answered on May 5, 2023

It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: Texas - Medical Power Attorney The standard form has main agent and 2 more agents. Is OK and Legal to add 3rd agent?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More

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