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Texas Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: how do you move forward with debt owed to a hospital no longer in business?

years ago i took my 1 1/2 yr old daughter to a "pop-up ER." They incorrectly inserted her catheter and caused 2 hours of pain because her bladder was blocked and unable to drain. Also, she was unable to speak to us to tell us what was hurting. An older nurse recognized the issue, adjusted... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 3, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss in greater detail with a Texas attorney, it could be worthwhile to research whether you have anything in your records going back to the time you reached your settlement agreement. If you... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: I'm coming up on the end of a law suit window. how do I extend the window for a law suit

malpractice

Tim Akpinar
Tim Akpinar answered on Nov 29, 2021

A Texas attorney could advise best, but your question remains open for two weeks. As a general rule, I do not see SOL waivers granted in lawsuits involving the two categories you mention - personal injury or medical malpractice. Nationwide, it is not common in these high-stakes cases. Only a Texas... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: How can I sue a hospital for medical negligence?
Tim Akpinar
Tim Akpinar answered on Oct 3, 2021

A Texas attorney could advise best, but your post remains open for three weeks. The description provided here is very brief, but your first step could be to reach out to med mal attorneys. You would need to demonstrate that the hospital breached a duty of medical care. If you contacted law firms... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Got ran over by a garbage truck!

What can I do? I got ran over by a garbage truck December-11-2020. Stayed overnight at the hospital. The E.R. Doctors sent me home the next day. Workers compensation doctors had me do therapy and they let my foot healed improperly. I was forced to walk on my foot for months with it like that until... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 9, 2021

A Texas attorney could advise best, but your question remains open for three weeks. The doctors who sent you home might argue that their decision was a sound one based on findings of a physical examination, x-rays, CTs, or other medical evidence available at the time they formulated their... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can a physicians services company still bill months after hospital charitably written off services and "closed account"?

I received a bill recently for services that had happened close to nine months ago. I had been approved for financial assistance for those services from the hospital and received a letter saying that "my account [was] closed" around six months before receiving this new bill. Can someone... Read more »

Tim Akpinar
Tim Akpinar answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for four weeks. More details could be helpful here. But as a general matter, a patient could be billed by more than one entity for services received in a hospital. A hospital could have its primary billing and collections office, but in... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Do I have a shot?

I am a 23 year old man who almost died due to a very large pharmacy giving me the wrong anti seizure medication, even putting the label over it stating that it was the correct one and telling me to take 5 every night. This caused me to have a seizure in my sleep while vomiting, unable to turn to my... Read more »

Tim Akpinar
Tim Akpinar answered on May 11, 2021

A Texas attorney could advise best, but your post remains open for two weeks. And that Texas attorney would really be your current attorney, since you mention being "lawyered up." It isn't clear if this situation transpired OVER [THE COURSE] OF TWO/THREE WEEKS, as you wrote in your... Read more »

1 Answer | Asked in Juvenile Law, Medical Malpractice and Health Care Law for Texas on
Q: Can a 16 year old minor be prescribed medication with only one parent knowledge and consent in Tennessee?

My wife scheduled mental health counseling for our 16 year old son. Prescription medications SERTRALINE

and FAMOTIDINE were prescribed. I am the father. And was not aware or approved of prescription medications. Can a minor in Tennessee be prescribed these drugs without both parents consent?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Hello, thanks for your question!

I am not a doctor and am not sure what those prescriptions are for, but since you're both married and this is your son, you both are free to make medical choices regarding your son, either jointly or separately.

I would suggest that you...
Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Malpractice breaking iv,plastic peace in arm causing massive thrombosis in vain harming the patient physically mentally

I have medical records Showing plastic broken in vain causing damage to functional conditions in arm and fingers causing no feeling serious neuro damage in my left arm I us,interfering with work

Tim Akpinar
Tim Akpinar answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for a week. I'm sorry for your ordeal, but it would be difficult for any attorney to comment meaningfully on this, despite the clear and apparent nature of what you describe - it would call for a medical opinion. You could reach... Read more »

1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was burned with a cutting tool durring an ORIF procedure . Its about the size of a quarter and had a hole in middle.

After awakening from surgery I was told I was burned by accident but not told how to care for it. I called the doctor after the bandage got excessively dirty with drainage. The doctor apologized and told me a piece of equipment slipped. Do I have a case

Tim Akpinar
Tim Akpinar answered on Dec 13, 2020

A Texas attorney could advise best, but your question remains open for two weeks. You could reach out to local attorneys for an initial consult - most firms in this field offer free initial consults. They would probably request additional information about the burn (location, severity, permanence,... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Work related injury had two knee surgeries and still don't have an ACL what can I do.

I received a work-related injury which caused to have an arthroscopic surgery was told by the first surgeon that I was fine and there's nothing else he can do and I was not given any pain medication for the first week after my first surgery I was told that they had no prescription for me so I... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 3, 2020

A Texas attorney could advise best, but your post remains open for two weeks. Your question is complex and raises more than one issue. If you are inquiring from the standpoint of medical practice on the part of the providers, as a starting point, you could reach out to med mal attorneys. Most offer... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I sue St Luke's hospital for CT scan of my wrong side and sent home when hours before I had pancreatitis. ?

I had been having severe left upper quadrant pain for a few months. and about two weeks ago I was really bent over double with pain on my left upper quadrant. I do not have a car but there was a urgent care center with in walking distance. There at the walk in urgent care the doctor took my blood... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2020

A Texas attorney could advise best, but your question remains open for a week. To evaluate your matter more meaningfully, an attorney would likely want to review your patient file with a medical professional. You could reach out to med mal attorneys, many of whom offer free initial consults. That... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was injured during surgery but the doctor wrote self serving notes how should I proceed legally?

My nerves were damaged during a limb salvaging surgery to remove a tumor in my pelvis. My surgeon told me it can take up to 2yrs for my nerves to heal. In retrospect his legal liability end in 2yrs. I'm in the process of getting a second opinion from a neurologist. How should I proceed if... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to meaningfully answer your question as to how to proceed legally - it is a complex, open-ended question that doesn't lend itself to a simple one or two line recommendation. You... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: My sister had leg amputation on Thur, Fri she was sent to a rehab facility where they failed to give pain meds night
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

A Texas attorney could a answer best but your post remains open for two weeks. I'm sorry for your sister's ordeal. She could contact an attorney to discuss in more detail, as to the duration and reason for not administering. Attorneys who practice in this area generally offer free initial... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Is it legal hospital billing to suggest you pay good faith payments on your medical bill?

While asking about financial assistance procedures, I asked if the bill would go to collections before they made a assistance decision. They said just make good faith payments until they decide. Does billing have the authority to halt collections from damaging your credit rating?

Tim Akpinar
Tim Akpinar answered on May 1, 2020

As a general matter, hospital billing departments do have authority to call off collection actions. They have final say in choosing to vigorously pursue an account, or write it off and close it. But if they already turned the account over to a collection agency or attorney, the impact on credit... Read more »

1 Answer | Asked in Consumer Law and Medical Malpractice for Texas on
Q: What should I expect as an MMI after 4 hernias repair and l5/S1 Laminectomy with Discectomy Surgery?

I was injured last year on my job after informing my employer that we need electrical pallet jacks to unload our trucks. I was unloading my truck up an incline with a manual pallet jack when I noticed a sharp pain in my naval area along with a small bulge. I immediately notified the company of my... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 10, 2020

I'm sorry for your ordeal with the relentless pain you are enduring. Unfortunately, the fact that medical treatments do not succeed in ending it does not necessarily mean that this state of affairs is attributable to medical malpractice on the part of a physician or hospital. You have a... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: Can I bring legal action against a doctor that has not responded to seven requests for a prescription refill?

When I contacted the office her assistant told me the doctor has told her to "ignore" all requests for a refill from pharmacies. I have sent two texts and called twice. I am out of my meds at this point, all for hard to treat depression. I have been trying to get refills for two weeks.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

This is a question best handled by a Texas attorney, but you await a response for four weeks. I'm sorry for your difficult situation. If the doctor is refusing to refill based on a medical reasoning in support of your best interests, that could provide them with justification. If they do not... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Before passing away my mom was examined by a cardiologist to determine if she could undergo knee surgery.

The cardiologist examined my mom and said she was fine. My mom was 76 years old. She was also still employed. My mom had knee surgery a few weeks later. Approximately 5 weeks later she died of a heart attack. We were told that her heart attack was caused by almost completely blocked arteries.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 25, 2020

I'm very sorry for the loss of your mother. It would be difficult for an attorney to answer your question based on a few brief lines, despite the fact that you concisely and clearly explained the fundamental basis of the claim you contemplate. As a starting point, you could contact a Texas... Read more »

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