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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Texas on
Q: In December last year I went to the doctor Complaining of a pain in my side. He ignored me.

2 weeks later on 01/02/19 my appendix

ruptured. A cancerous tumor was found.

The rupture put a hole in the colon spreading the cancer.I had to have 5 inches of the colon removed and 19 lymph nodes. 1 of 19 had cancer. After

Surgery the doctor said if I had been sent... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

I'm sorry for your ordeal. It's possible it could be. But an attorney would not be able to offer you a meaningful response based on the brief facts here, as thoroughly as you have outlined the timeline. If you are contemplating an action based on failure to diagnose or other med mal theory, you... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries by... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you probably already... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Physicians and surgeons get off negligence because they omit medical information and delay for 2 years is WRONG!!!

I had a multilevel fusion October 2015 from a work related injury which eventually resulted in failed back surgery, radiculopathy, neuropathy, and drop foot. I changed primary physician in 2017 due to my lack of treatment for my pain issues and he kept telling me that I couldn’t NOT return to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 17, 2019

These are things you would need to discuss in depth with a Texas attorney, but your post remains open for two weeks. The frustration you express is understandable, but in terms of demonstrating that the physicians and other personnel here acted with the intent to delay your claim to undermine its... Read more »

1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance policies.... Read more »

2 Answers | Asked in Medical Malpractice for Texas on
Q: If i was missed diagnosed for 9 mths is that malpractice?

I went 9 mths believing these specialist to find out i was dying of stage 4 cancer and a tumor under my arm and now i lost my arm. The doctor told me if i would of came there nine mths sooner they could saved me a lot of pain and suffering.

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

In your case it might be, as I understand your question. I suggest you contact a member of the Texas Assn for Justice in your county.

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1 Answer | Asked in Medical Malpractice for Texas on
Q: is the doctor considered negligent for not referring to ENT sooner?

my son had ear tubes put in 2011 but continued to have recurrent ear infections with ruptured eardrum again since 2013. He was treated over and over with antibiotics and has recently been diagnosed with mastoiditis, cholesteatoma, and a fungal infection that no medication is resolving for the past... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2019

The best way to evaluate the matter could be to set up a consultation with a Texas med mal attorney. It could come down to a matter of being able to demonstrate with medical evidence the extent of damages incurred as a failure to make such referral(s), if that was the case. Good luck

Tim...
Read more »

1 Answer | Asked in Elder Law and Medical Malpractice for Texas on
Q: My 91yr old mother in law who is wheelchair bound and in the last stages of Alzheimers disease.

She was discharged to my husband, 61 and had a heart attack and is unemployed and me 63 on medical disability. Needs total assistance with all ADL's. No discharge summary no Plan of care. We were financial unable to cover the cost of the nursing home. She has outlived her money to pay. Between her... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 3, 2019

It appears that the nursing home would have done better to advise you to apply for Medicaid. Although Texas is one of 13 states with an income cap ($2,313 in 2019), under federal law an applicant can still qualify by establishing a Qualified Income Trust a/k/a a Miller Trust. This is basically a... Read more »

2 Answers | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I would like to know if I have a possible medical malpractice case.

Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... Read more »

S. Michael Graham
S. Michael Graham answered on Jul 1, 2019

If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.

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1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a medical provider who writes a letter for an "Emotional Support Animal" (ESA) be held liable for later injuries?

Letter provided for housing purposes in the state of Texas. Letter is simply stating this person has a disability and would benefit from an ESA. Later the animal causes injury (either personal or property). Secondarily, does length of provider patient relationship play a role in your answer?

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2019

No.

3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: If I had a injury years ago and got in a accident could I be reinjured?
Daniel John Christensen
Daniel John Christensen answered on Mar 21, 2019

I am sorry to hear about your injury. If you suffered an injury in an incident recently, and that injury was really an aggravation of a prior injury, you are still entitled to bring a claim for that aggravation. I would have to know more facts to give you advice specific to your situation. Please... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Would I still have a case?how much time do I have before I can no longer try for a case?

My injury happened at a hospital. I was left unattended and blacked out and hit my head.i never received medical attention due to the fact I have no insurance and no money.this happened almost a year ago.how would I proceed in making a claim ?

Daniel John Christensen
Daniel John Christensen answered on Feb 4, 2019

I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated.... Read more »

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2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

Got here when I was 4 & my folks got my Perm Residency (Green card?) many years ago. I would’ve already become a citizen like my mom & sis but I became disabled (another issue I need help w/since it seems that at least 1of my early docs messed up & is in jail 4 killing & harming others like... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing... Read more »

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1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

We have several issue with workman comp/disability. If we could speak with someone about it because it's too long to explain the case,. We have all the paperwork from his case. After 3 years fighting we won his case. We had a lawyer that only took his money did nothing for us we fired him an got... Read more »

Daniel John Christensen
Daniel John Christensen answered on Nov 21, 2018

Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her
Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.

1 Answer | Asked in Medical Malpractice for Texas on
Q: Medical Malpractice, plastic surgery question

In nutshell... I had hair transplant 10/16. The doctor prescribed valium for me to take the morning of the procedure. When I arrived, he instructed me to take double the prescribed dose. I don't remember the last time I took valium and had no idea how it would effect me. The high dose made me... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

Contact a member of the Texas Trial Lawyers Assn who handles medical negilgence--they give free consults. If they choose not to take it talk to another--it's a question of investing their time/money vs risk and like banks who'll give a mortgage to a person who was denied by another bank--each has... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I file a negligence case on a doctor for failing to diagnose me having stage 3 chronic kidney disease failure?

Was diagnosed with a new doctor

Bradford Kvinta
Bradford Kvinta answered on Jul 20, 2018

Talk to an attorney as soon as possible. Failure to diagnose cases in medical malpractice are difficult, but your attorney can evaluate your claim and help determine a plan of action.

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1 Answer | Asked in Medical Malpractice and Workers' Compensation for Texas on
Q: I had shoulder surgery as a result of a work related injury. I now have nerve damage that extends down my arm to my hand

The nerve damage has caused difficulty in full use of my hand. I had an EMG test and they found nerve problems did exist. The surgery or the nerve block used have caused secondary problems. Is this something I should or could consider filing a malpractice suit on?

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

You would have to get a second opinion from a neurologist implicating that the previous surgeon was at fault

1 Answer | Asked in Employment Law, Workers' Compensation, Medical Malpractice and Small Claims for Texas on
Q: Can I do something about all this things that are going on with this doctor? not all details were included.

My employer is a specialist that performs oral surgeries. Her assistants are phlebotomist and not surgical assistants nor dental assistants, but they are next to her doing surgery with very minimal to no training. She has them taking x-rays without a license. She also leaves out of town and the... Read more »

S. Michael Graham
S. Michael Graham answered on Mar 29, 2018

These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

1 Answer | Asked in Nursing Home Abuse and Medical Malpractice for Texas on
Q: Do I have a case of neglect?

My husband is in a nursing home and he developed a sore. I went to the nursing home on a Monday and they told me he had a wound the size of a pea, when I went back the following Monday it was infected and there was bone exposure. He has been from facility to facility having surgeries after... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Feb 19, 2018

This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I have a work related injury, but, I didn't file workers compensation as per my boss's request. I'm now having complica

I'm not able to return back to work by the time my boss has given me. Now I'm going to out of a job, no money coming in. Can I now go back and file like I should have done. What are my options?

S. Michael Graham
S. Michael Graham answered on Oct 27, 2017

The general rule is that you will have 30 days to report a work-related injury to your employer for a specific injury. You must then file a claim within 1 year from your date of injury. The problem in these cases is the proof. If you can't verify that you reported the claim within 30 days, then... Read more »

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