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Texas Medical Malpractice Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Medical Malpractice for Texas on

Q: If a doctor had made a medical error from leaving a wire from a bone stimulator does that require medical error?

I had surgery it was a 360 fusion surgery in 1992 & 1993. The doctor was supposed to remove everything from my body cavity and didn't and I didn't find out until later in the years like right before my surgery June the 7th it was a bone stimulator wire in my back from a previous surgery. The back... Read more »

Peter N. Munsing answered on Sep 11, 2017

Contact a member of the Texas Trial Lawyers Assn who handles medical carelessness cases. The problem is the legislature in Texas protects bad doctors so you may in fact not have a case because of a statute of limitations written not to protect you, the innocent consumer, but to protect the doctors... Read more »

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 information.... Read more »

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 Medical Malpractice for Texas on

Q: if there is more than gauze in side my stomach from a surgery. is that malpratice

i had surgery in 3.15...i wasnt expected to live. 9 months later they were digging up gauze out of my stomach. they said it was buck shot wad. i agreed. but went in again they dug more they insisted it was. there is no wad.in a 410 shell. i got hit once not multiple times... Read more »

Peter N. Munsing answered on Jul 7, 2017

Not necessarily malpractice if you had multiple gunshot wounds. Go back to a doctor, have them figure out if you have metal in your body

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on

Q: Is a doctor morally and ethically responsible for removing a device that was surgically implanted in a patients back?

Spinal Cord Stimulator implanted January 2017. The doctor refuses to remove device, because it could cause paralysis and further injury. The doctor has dismissed my wife as a patient. All doctor's contacted have refused to remove the device. She is in severe and excruciating pain from the device... Read more »

Peter N. Munsing answered on Jun 20, 2017

morally and ethically only if they are free of reservations--you can't force a doctors opinions and I'm hearing this one believes that removal could cause paralysis. Suggest you look to the Johnson Foundation on the medical /ethical issues.

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1 Answer | Asked in Medical Malpractice for Texas on

Q: Legal advice: i went to the ER and upon my discharge the doctor gave me a different prescription.

I went to the ER and when i was discharged the doctor wrote a different prescription to what was on my discharge papers. I did not realize it, went and filled the medication and took them, ended up in the ER again after 3 days of not getting better. It was then we realized he wrote a different... Read more »

Peter N. Munsing answered on Jun 9, 2017

Unlikely but as members of the Texas Trial Lawyers Assn give free consultations why not get one?

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 say I... Read more »

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 Medical Malpractice for Texas on

Q: North American spine promised me relief but never received it after surgery .can I get reimbursed

I was injured at Bonham isd were I worked for 15 yrs .my new supervisor had gave me hell being insulted .I finally just quit.after fighting with workers compensation for a year ..I decided to use my own insurance..so dropped claim ..had got into contact with north American spine institute .were... Read more »

Peter N. Munsing answered on May 29, 2017

Contact a member of the Texas Trial Lawyers Assn--they give free consults. Unfortunately, it may be past the time you can bring the case. Scar tissue is natural, and in some people can be a problem as bad as the disc. Generally, unless they gave a guarantee I don't see a court holding them to their... Read more »

1 Answer | Asked in Medical Malpractice for Texas on

Q: I want to know if I have a case for a malpractice lawsuit. Dallas, TX

I saw the same family Dr, for 15 years. He changed his practice to a $2K per year concierge practice so I stoped seeing him a little over a year ago. I recently found a new Dr. who discovered I had a high PSA level during an annual physical. He referred me to a urologist who diagnosed me with... Read more »

Peter N. Munsing answered on May 29, 2017

Look for an attorney who is a member of the Texas Trial Lawyers Assn in the county where it happened and who handles medical cases--they give free consultations. It looks like you have a case worth investigating. If you get turned down speak with another one--Malpractice cases are very expensive,... Read more »

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