I’m assuming you do not work for this physician.

The term “sexual harassment” in the legal context refers to a particular type of claim arising in the workplace. There really isn’t an independent legal claim for sexual harassment arising outside the employment relationship.... View More

The existence of any legal options depends on the answer to a medical question: Does the standard of care require nickel allergy testing before implanting a medical prosthesis containing nickel?

If the answer to that medical question is “yes,” you may have some legal options.... View More

It depends. The failure to give any warnings or instructions about potential side effects (which warnings can be verbal but are commonly given in writing with the antibiotics when they are dispensed by the pharmacy) falls below the standard of care if you were conscious. But that failure might or... View More

I'm truly sorry for the loss of your brother. You deserve to understand whether medical decisions may have contributed to his passing and what legal options exist.

Your situation involves potential wrongful death and medical negligence claims, which require showing healthcare providers... View More

You do not have standing to pursue such a claim unless you are appointed as the personal representative of your deceased brother's estate and your brother was single and childless and your parents did not outlive your brother.

Assuming you get appointed as the PR, you will need to take... View More

Dentists are licensed and regulated by the Texas Board of Dental Examiners and are held to meet the standards of care outlined in its rules and regulations. Informed Consent is a primary step before proceeding with any dental procedure. The dentist is required to provide the patient (in your... View More

The first thing you must do is take all of your relevant medical records to another surgeon in the same medical specialty and who is licensed in Texas to determine if the first surgeon who did your surgery did or failed to do something in breach of the standard of care that is the proximate cause... View More

Your "belief" alone is not enough.

Get an examination by a different OB/GYN for the purpose of obtaining a medical opinion whether you were given an extra, medically unnecessary stitch in the procedure to close the perineal tear. If you were in fact given an extra, medically... View More

This does not sound like a patent question.

A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney... View More

It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More

Maybe but not necessarily.

If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won... View More

With few exceptions (such as that you are a threat to yourself of others - as determined by physicianS - You have a legal right to privacy, property and to communicate with persons who are not within the scope of a health care facility's authority. THEREFORE, I suggest that you confer... View More

this can be a complication or negligence. Suggest that you obtain medical records asap -- (fastest means for doing so is on the facility's/clinic's website), and seek an attorney who is experienced in medical malpractice asap. You did not state how long ago this occurred, but there is... View More

Misplacement of an IUD can be malpractice. If the procedure was done below the standard of care, the health care worker could be liable for malpractice. Another requirement is to prove the harm cased by the malpractice. Due to the nature of medical malpractice cases, the nature and extent of the... View More

Yes it may be a case. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Here, the harm is clear, the death. Another qualified health care provider or providers would be needed to testify as to the breach of the standard... View More

You need to ask a medical doctor practicing in the area of emergency medicine whether disconnecting the bipap machine when transferring a patient into the ICU is a breach of the standard of care for a patient with your husband's symptoms. You will probably want that doctor to thoroughly... View More

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

I'm sorry for your family's ordeal. You could reach out to discuss with law firms in further detail, with the benefit of having medical file records. An important issue that will need close examination here is what caused the communication breakdown with the diagnosis between August 2022... View More

First of all, this sounds like a health care liability / medical malpractice question, and not a legal malpractice question.

Second, just because your husband has received a diagnosis of an incurable terminal disease does not necessarily mean that your husband's primary care physician... View More

Based on the information you provided, your injuries occurred 8 months ago, due to trauma significant enough to fracture bones in both extremities, complicated by infection. What you did not provide is information about your underlying medical conditions, and prior medical history. We also have... View More