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Texas Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Q: Can someone turn themselves into state hospital instead of jail?

Can someone with a non violent misdemeanor warrant in Travis County admit themselves into State Hospital to receive mental health care and serve their sentence there instead of jail? Or will they just be transferred to jail after they receive treatment?

Grant St Julian III
Grant St Julian III
answered on Apr 8, 2018

If the warrant in question is not a mental health warrant, a State hospital has no basis to admit or keep you. Call an attorney in the County where the warrant is pending.

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Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

I have been employed with United Healthcare since 2009 a new supervisor was transferred to our company from Florida. I received a letter stating I will be terminated as of 4/2/18 even though I did not voluntarily quit. My insurance was all so cancelled I am still under psychiatric care due to I had... View More

S. Michael Graham
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S. Michael Graham
answered on Apr 3, 2018

Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney.... View More

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: Can I sell my used underwear? The underwear is brand new, I would just wear it for a couple hours.

I will put the underwear in a baggie and seal it, then wrap it in tissue appear and put it in a USPS padded envelope. Is it illegal?

Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

You can sell worn underwear if anyone wants to buy it; just make sure you disclose the fact you have worn the items

Q: Can I sue my company after they ignored health complaints?

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren
Roy Lee Warren
answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Texas on
Q: What does group plan terminated due to termination of employment mean as far as my job goes

I'm currently out on workmans compinsation and I recieved a cobra election form letter saying that my plan is terminated due to termination of employment. I called my director of human resources but was told he didn't know what was going on and that he would call me back by the end of day... View More

S. Michael Graham
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S. Michael Graham
answered on Oct 20, 2017

Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private... View More

1 Answer | Asked in Workers' Compensation and Health Care Law for Texas on
Q: Am I responsiblefor my portion of healthcare payments while on workman's.

Employer pays half and I pay half

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 4, 2017

I'm assuming you are referring to your private healthcare coverage and not your workers' compensation. Your employer is not legally required to provide you with any healthcare coverage. Essentially, this is a fringe benefit. For example, your employer could say we will provide you with a... View More

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Texas on
Q: How can I get Power of Attorney for 48 year old Son that has brain damage is in Nursing Home. Has short term memory.

Son was in car accident, has a son that is 25 years old and has exploited some of his Fathers Social Security Disability money.

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 11, 2017

If you suspect someone of unlawfully using another's social security monies, you may begin by making a claim with the social security office; they take these very seriously.

Your son may have designated a guardian or person with power of attorney. You might seek a guardianship. There...
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1 Answer | Asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas on
Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?

The letter has handwritten info clearly legible on the paper beside my address (inside the envelope, viewable through the little cellophane window). The note clearly says that it's a referral to a mental health professional. Anyone who saw that letter could possibly now know my medical... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Trying to get legal advice. Had wisdom teeth removed and they started to cut open gum before I was fully asleep

They were also talking rudely about me whilst I was still awake (they thought I was asleep) they put towel over my face so they couldn't see my eyes were open and I had to tell them I was awake. I heard them talk about me and make rude comments about my British accent and more. I heard them... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I'm pregnant the doctor gave me a pap smear & every since than I've been having compilations with my pregnancy

A few days after pap smear I miscarriage

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2017

A pap smear wouldn't make you miscarry unless something bizarre happened. Contact a member of the Texas Trial Lawyers for a free consult, but note that because miscarriages happen for hundreds of reasons and for reasons medicine can't explain, any miscarriage case is difficult.

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

If a provider left on bad terms, although voluntary, can they use former employer's contact numbers to write their prescriptions? I have had a few calls from pharmacies regarding her prescriptions for other patients. Is there any legal issues with this? Is there something that could place our... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: June of 2015 I was misdiagnosed and almost died because of staff at Huguley Hospital. Is it too late to file a lawsuit?
Peter N. Munsing
Peter N. Munsing
answered on Apr 3, 2017

Depends on what the fallout is. You may be able to get some of the bills off. But to find out contact a member ot the Texas Trial Lawyers Assn that handles medical carelessness cases--they give free consultations.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: ER guy threw my insurance card back at me when I was rushed to the hospital. what can I do?

The other day, I was rushed to the ER due to intense pain. There I was asked to fill out the form to 'check in.' The pain intensified and I saw nothing being done. My friend rushed me to another nearby ER. I was asked to fill out the form again. The check in guy kept asking me... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

learn to give answers--they have to know your name, details, otherwise they get screwed. That doesn't mean they can't have an attitude, but you can't assume that they have to treat you first, ask questions later. They need a medical history. They can't start "treating... View More

2 Answers | Asked in Health Care Law, Medical Malpractice, Consumer Law and Personal Injury for Texas on
Q: Q: Maybe I can a straight forward answer about Healthcare (obama Care) My Cataract surgery and Post op care.

I had cataract surgery on one eye in June 2016. I had Insurance . I had been 20/400 in left eye. Cataract surgery was finally approved to regain my vision. Soon as procedure started I heard Dr. say OH S*** which scared me. I was awake and heard the saying went through posterior on 1st cut to... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 23, 2016

as to the decline to renew, haven't heard about that but with Obamacare still in effect and it's open enrollment you should be able to get a new plan.

However on the decline you need to understand why, make copies, ask your state legislators and your US congressperson and senators...
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1 Answer | Asked in Family Law and Health Care Law for Texas on
Q: 36 yo daughter, bipolar, phys handicapped wants to go back to friends living on the street. can family prevent?

refuses to take meds

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

Could try for a guardianship but may not get it. Call in a family counselor?

1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for Texas on
Q: Is this a breach of patient confidentiality?

I recently went to the dentist and had a horrible experience. Come to find out the office manager revealed information to a third party about my mental diagnosis and what medications I took. To top it all off she said some horrible things about me. What kind of action can I take?

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Contact a member of the Texas Trial Lawyers Assn who handles libel cases.

1 Answer | Asked in Employment Discrimination and Health Care Law for Texas on
Q: Can you tell me if I have a dog in this fight?

If I am ineligible for FLMA with my employer but suffer from recurring ovarian cysts that debilitate me, can I legally be fired for my condition? If I have submitted documentation stating that it is indeed RECURRING, should I be allowed to be told it's mandatory to turn in Dr. notes every time?

Sadiqa Banks
Sadiqa Banks
answered on Aug 15, 2016

First, what makes you think that you are ineligible for FMLA? Have you confirmed such with your employer? Does your employer offer FMLA and considered your request properly? Second, if your health issue creates some sort of "disability," so as the condition causes you to seek treatment... View More

1 Answer | Asked in Employment Law, Medical Malpractice and Health Care Law for Texas on
Q: Can my employer get medical info from my doctor in Texas

My exes dad is was my boss. He has access to my personal information and I believe he used it to access my login on my insurance site and access medical records. He clearly has seen some of my records from what the son has told me but not all because what he says doesn't make sense. The dates... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2016

Close one. Question is also is there a legal remedy. Discuss first with your divorce attorney. If you can prove it's so then there may be other options, which you'd want to discuss with a member of the Texas Trial Lawyers Assn who handles employment issues.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can I still sue a hospital after 4 years.

I was released from a hospital after having a baby in 2013. I was unable to walk. And had tightness in my chest. I went back to same hospital and was told It was part of having my baby. So I went to a different hospital 1-2 days later and was rushed to ICU and was put in a drug induced coma for a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 5, 2016

I don't see any facts that would get you out of the statute of limitations, but contact a member of the Texas Trial Lawyers--they give free consultations.

1 Answer | Asked in Consumer Law, Health Care Law, Medical Malpractice and White Collar Crime for Texas on
Q: Am I responsible for dishonestly explained and patently unnecessary laboratory charges that my insurance won't cover.

Before I was prescribed Vicodin by my pain specialist, whom I was seeing for pain related to a broken elbow, she required a urine drug screen. She also took blood to do a blood analysis wellness screen which was she assured would be covered by my insurance under the ACA. The lab that did the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2016

Generally people that protest and keep on get reductions. Suggest you collect documents firs. Then talk to journalists, file a complaint with the health department and the insurance department. Certainly sounds like an abusive practice.

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